VED PRAKASH SHARMA Vs. RENT TRIBUNAL JAIPUR

JUDGEMENT

(1.) The present special appeal is preferred by the appellant challenging the order of the learned Single Judge dated 18.01.2010 passed in S.B. Civil Writ Petition No. 11961/2009, whereby the writ petition has been dismissed which was filed against the order dated 21.08.2009 passed by the Rent Control Tribunal, Jaipur, by which the application submitted by the appellant/petitioner for taking on record the affidavit of one of the witness namely; Vasdev Samtyani was rejected.

(2.) The said writ petition came up before the learned Single Judge on the application submitted by the respondent under Article 226(3) of the Constitution of India for vacation of the ex parte interim order dated 18.09.2009 and at the request of both the parties since the submissions on the application as well as the writ petition were identical, the writ petition itself was finally heard.

(3.) The main challenge to the order impugned dated 18.01.2010 is on the ground that the learned Single Judge has not taken into consideration the fact that the affidavit of Vasudev Samtyani was taken on record by the trial Court itself vide order dated 20.08.2009 and thereafter by overwriting the affidavit was discarded, meaning thereby once the affidavit was taken on record there was no occasion available with the trial Court to discard the affidavit, more so, by overwriting on the order sheets.