JUDGMENT 1. - Instant petition has been filed assailing order dated 25/01/201 refusing to grant permission for recording petitioner's defence evidence of four additional witnesses (Roshanlal Yadav, Rajulal Adhlakha, Sumit Ameria & Laxman Singh) for whom application was submitted at the time of the reply being filed; but no affidavits were admittedly enclosed at the stage of filing of the reply to the eviction application. 2. The respondent-2 (plaintiff) filed eviction application on the ground of bonafide & personal necessity & other grounds as provided U/s 9 of Rajasthan Rent Control Act, 2001. After the notices were served and reply to the eviction application being filed; however, application was simultaneously filed on 17/08/2006 (Ann.2) disclosing the names of additional defence witnesses but the affidavits of these defence witnesses due to they being not available at that time could not be furnished but would be filed at the stage of recording of defendant's witnesses. 3. After recording the evidence of defendant's witnesses whose affidavits were available having been filed along-with reply on record, however, at that stage, the petitioner filed instant application that he may be permitted to got additional affidavits of their witnesses be taken on record as already informed to the Tribunal and their statements be also got recorded and their names were disclosed as is evident from application filed on 17/08/2006 along-with the reply. But the Rent Tribunal taking note of material on record and also the fact that the matter remained pending for recording the defendant's evidence since 30/08/2008 while statement of his first witness was recorded on 16/08/2010 and despite ample opportunity being afforded he failed to get recording of his evidence completed; as such it was of the view that even if such an application was filed at the time of the reply, it was otherwise not maintainable unless cogent reasons are coming forward on record and such additional affidavits at belated stage could not be permitted to be taken on record for recording of their evidence in defence. 4. 4. Counsel for petitioner submits that original eviction application was filed on the ground of bonafide & personal necessity and out of four witnesses named in the application, first two namely Roshanlal Yadav & Rajula Adhlakha are important witnesses but their affidavits could not be filed earlier while their names were disclosed in the application (Ann.2) filed along-with the reply; and that apart, the matter is still pending at the stage of recording of defendant's evidence and if not permitted, that may cause prejudice to the petitioner. 5. Per contra, Senior Counsel for respondent-2 (landlord) submits that very application filed by petitioner before the Rent Tribunal was not maintainable and there is no such procedure provided in keeping right reserved for the witnesses to be recorded in future and pursuant to the procedure provided under the Scheme of Rent Act, 2001, the defendant (tenant) is supposed to file affidavits in advance to support his defence along-with the reply to the eviction application filed on record and in these circumstances, no error has been committed by Rent Tribunal in rejecting petitioner's application vide order impugned. 6. Having considered the material on record, this Court finds substance in what has been urged by Counsel for respondent (landlord); but at the same time, this fact cannot be ruled out that original eviction application was filed on the ground of bonafide & personal necessity; and as informed, matter is coming up on 20/03/2012, and taking note of the matter having remained pending for last one year before this Court for one or the other reasons, the proceedings remained stand still, this Court considers it appropriate to afford last opportunity to the petitioner to get statements of his two witnesses (Roshanlal Yadav & Rajulal Adhlakha) recorded on the next date fixed by the Tribunal on 20/03/2012 subject to payment of the costs of Rs. One thousand payable to the landlord; however, it is made clear that affidavits of afore-named two witnesses shall be filed along-with copies thereof being served upon opposite party well in advance on or before 15/03/2012 so as to enable the party to cross examine these witnesses on 20/03/2012. After recording and closure of the evidence on record, the Rent Tribunal may proceed further for deciding the eviction application expeditiously in accordance with law. 7. After recording and closure of the evidence on record, the Rent Tribunal may proceed further for deciding the eviction application expeditiously in accordance with law. 7. In view of what has been observed (supra), writ petition stands disposed of.Writ petition disposed of as above. *******