MAHAVEER PRASAD JAIN Vs. CHETNAYA PRAKASH BANSAL

JUDGEMENT

(1.) PETITIONERS /defendants have filed the present petition under Article 226 of the Constitution of India challenging the order dated 17.3.2012 passed by the Additional District Judge No.3, Kota (hereinafter referred to as "the trial court ") in Civil Suit No.9/2005 by which the trial court has allowed the application of the respondent/plaintiff to lead the evidence in rebuttal.

(2.) IN the instant case, it appears that the respondent/plaintiff has filed the suit for eviction against the petitioners /defendants under the Rajasthan Rent Control Act, 2001. The said suit has been contested by the petitioners/defendants by filing written statement. The trial court considering the pleadings of the parties had framed certain issues and had also proceeded for further evidence of the respondent plaintiff. However, it appears that after the evidence of the plaintiff was over, the written statement filed by the petitioners/defendants was sought to be amended and the trial court had further added the issues no.7-A and 7-B to the issues already framed. Thereafter, the evidence of the petitioners-defendants was also recorded and completed in November 2011. Since the respondent/plaintiff had already reserved his right to lead the evidence in rebuttal and since the burden of proving the additional issues no.7-A and 7-B was on both the parties, the respondent plaintiff submitted an affidavit with regard to the evidence in rebuttal, to which the petitioners objected by filing the application, on 7.12.2011. The said application has been dismissed by the trial court vide the impugned order dated 17.3.2012. Being aggrieved by the same, the present petition has been filed.