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2012 DIGILAW 628 (RAJ)

Darsan Lal v. Ravindra Kumar

2012-03-13

GOPAL KRISHAN VYAS

body2012
JUDGMENT 1. - In this writ petition filed under Article 226/227 of the Constitution of India, the petitioners have prayed for quashing the order dated 4.1.2012 (Annexure-1) passed by Rent Tribunal, Hanumangarh whereby the opportunity to lead evidence was closed. 2. While inviting attention towards the certified copies of the order-sheets Annexure-1, it is submitted that although some opportunities were granted by the Rent Tribunal to lead the evidence. On 22.7.2011, an order was passed to place the case before the Lok Adalat for compromise but the matter was again placed before the Court because no compromise arrived between the parties. Thereafter, on 24.8.2011 and 14.10.2011, advocates were on strike, therefore, matter was adjourned, thereafter, on 2.12.2011 an opportunity was granted to lead the evidence on cost of Rs. 200/- and affidavit of petitioner Darshan Lal NAW-1 was submitted upon which he was cross-examined by the applicant's counsel. The matter was fixed on 4.1.2012 for recording further evidence of remaining witnesses of petitioners non-applicants but on that date, no witness was produced, therefore, Tribunal closed the opportunity to lead evidence. The petitioners are challenging the said order and prayed for granting one last opportunity. 3. Learned counsel for the petitioners submits that upon perusal of all the order-sheets, it will reveal that ample opportunity was granted to the applicants to lead his evidence but in comparison to applicant, less number of opportunities were given to the petitioners non-applicants. It is also submitted that on some dates either Presiding Officer remained on leave, therefore, in the interest of justice, the order dated 4.1.2012 may be quashed and last opportunity may be given to the petitioners to lead evidence in defence. 4. After hearing learned counsel for the petitioners, I have perused all the order-sheets. In my opinion for delay in trial, petitioners alone cannot be held responsible therefore, in the interest of justice, I deem it appropriate to grant one opportunity to the petitioners non-applicants to lead their evidence before the Tribunal on the next date of hearing, which is 17.3.2012. 5. Consequently, this writ petition is allowed. The order dated 4.1.2012 passed by Rent Tribunal Is hereby quashed and set aside with direction to the Tribunal to record the statement of remaining witnesses on the next date of hearing, which is 17.3.2012 and thereafter proceed in the matter. 5. Consequently, this writ petition is allowed. The order dated 4.1.2012 passed by Rent Tribunal Is hereby quashed and set aside with direction to the Tribunal to record the statement of remaining witnesses on the next date of hearing, which is 17.3.2012 and thereafter proceed in the matter. It is also made clear that if the petitioners will not lead evidence on the next date of hearing, then, Tribunal will be free to proceed in the matter without granting further opportunity to the petitioners non-applicants to lead their evidence.Writ petition allowed. *******