Narendra Kumar Taya, S/o Sh. Mohanlal ji v. Kaushalya, wife of Shri Yashwant Singh Chaudhary
2016-11-16
SANDEEP MEHTA
body2016
DigiLaw.ai
JUDGEMENT : 1. This writ petition has been filed by the petitioner aggrieved against the order dated 13.4.2015 passed by the Rent Tribunal, Udaipur ('Tribunal'), whereby while permitting the petitioner to file documents and affidavit in response to the replication filed by the landlord, the Tribunal has refused permission to file reply to the replication. It is submitted by learned counsel for the petitioner that though the Tribunal has permitted filing of the affidavit and documents, nevertheless for lack of pleadings on behalf of the petitioner, the said affidavit and documents would be of no use and the same would be objected to by the landlord and therefore, rather than granting permission to file affidavit and produce documents only, the Tribunal should have permitted the petitioner to file reply to the replication and to that extent order impugned passed by the Tribunal deserves to be set-aside. 2. Learned counsel for the respondent-landlord submits that the respondent has not stated anything new in the replication and only existing averments have been explained and therefore, no reply to the replication is required to be filed by the petitioner. However, it is further submitted that in case, the petitioner produces any documents and / or affidavit pursuant to the direction dated 13.4.2015 passed by the Tribunal, the respondent shall not raise any objection to the said documents / affidavit 'for lack of pleadings on part of the petitioner'. 3. In view of the submissions made by learned counsel for the respondent, the apprehension expressed by learned counsel for the petitioner is negated. Further, in view of the statement made by learned counsel for the respondent, there is no need to examine the validity of the order dated 13.4.2015 passed by the Tribunal. The needful pursuant to the order dated 13.4.2015 may be done by the petitioner within a period of three weeks. 4. In view of the above, the writ petition filed by the petitioner stands disposed of. 5. Stay petition also stands disposed of.