JUDGMENT 1. - Heard learned counsel for the parties. 2. In this writ petition, the petitioners are challenging the validity of the order dated 11.09.2012 passed by the Rent Tribunal, Bikaner whereby an application filed by the petitioner under Order 11, Rule 12 read with Section 151 CPC was dismissed in which a prayer was made by the petitioners to summon the file of case No.19/81 decided from the trial Court decided on 3.12.1982. 3. Learned counsel for the petitioner submits that for adjudicating the controversy involved in the case before the Rent Tribunal, the above case file is necessary, therefore, an application was moved by the petitioner under Order 11, Rule 12 read with Section 151 CPC to summon the file but learned Rent Tribunal, Bikaner illegally rejected the application filed by the petitioner even though for the purpose of deciding the controversy, the said case file is necessary, therefore, the the order impugned may be quashed. 4. Learned counsel for the respondent submits that there is no error in the order passed by the Rent Tribunal, Bikaner more so, the provisions of CPC are not strictly applicable in the proceedings before the Rent Tribunal as provided under Section 21 of the Rent Tribunal Act, 2001, therefore, obviously, the Rent Tribunal has rightly held that this application is totally baseless and without any substance. 5. After hearing learned counsel for the parties, I am of the opinion that after enactment of Rajasthan Rent Control Act, 2001, the procedure has been provided under Section 21 of the Act in which it is specifically mentioned that provisions of CPC are not strictly applicable in the proceedings before the Rent Tribunal. Here in this case, the petitioner has filed an application under Order 11, Rule 12 read with Section 151 CPC, which has been rejected by the Rent Tribunal on the ground that the said file is not relevant to decide the controversy in question. 6. In my opinion, as per the judgment rendered by Hon'ble Supreme Court in case of Shalini Shyam Shetty & Anr.
6. In my opinion, as per the judgment rendered by Hon'ble Supreme Court in case of Shalini Shyam Shetty & Anr. v. Rajendra Shankar Patil, reported in AIR 2010 SCW 6387 : 2010 (2) DNJ (SC) 781 , no interference is called for in the order impugned because the rent tribunal has rightly held that the file is not relevant for the purpose of deciding the case for eviction.In view of above, there is no force in this writ petition, hence, dismissed.Petition dismissed. *******