RAM NIWAS SAINI Vs. RENT TRIBUNAL

JUDGEMENT

(1.) - By this writ petition, a challenge has been made to the order dated 28.1.2011 whereby application moved by respondent-plaintiff for withdrawal of the suit was allowed with liberty to file a fresh.

(2.) Learned counsel for petitioner submits that liberty to file a fresh suit should not have been given by the court below. This was precisely for the reason that application before Rent Tribunal was moved under the provisions of section 18 of the Rajasthan Rent Control Act, 2001 (for short 'the Act of 2001) and petitioner herein raised an objection regarding maintainability of application. The respondent thereupon filed rejoinder maintaining his claim under Section 18 of the Act of 2001.

(3.) The respondent even made an application under Order 6 Rule 17 of the Civil Procedure Code (for short 'the CPC') for amendment in the application, however, it was dismissed. Petitioner herein at the same time made an application for framing of the issues regarding maintainability of the suit in reference to the provisions of section 18 of the Act of 2001. The court below dismissed the said application. The order was then challenged in the High Court by maintaining a writ petition. The writ petition was allowed in view of the consent of the parties for framing of the issues. In view of aforesaid, permission to withdraw the suit with liberty to file a fresh without assigning reason is not proper.