RANG LAL Vs. PRESCRIBED AUTHORITY DEORIA

JUDGEMENT

(1.) THE present petition has been filed against an order dated 1st of January 1982 refusing the petitioner an opportunity to cross-examine the persons whose affidavits have been filed by the respondent. Heard the parties.

(2.) UNDER Order XIX of the Civil Procedure Code an affidavit may be permitted to be filed in support of an application ; or in other proceedings with the permission of the court. In the proceedings under the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 34 of the Act permits the parties to file affidavit and produce witnesses in support of their case. That attracts Order XIX Rule 2 of the Civil Procedure Code. In a case where an affidavit is filed the veracity or the credibility of a witness cannot be tested unless he is subjected to cross-examination. In the instant case an application for cross-examining the witness was moved ; that application was earlier allowed by the Prescribed Authority by order dated 2nd January, 1981. Thereafter the case was put up on 20th February.