TEJMAL Vs. LRS OF CHANDMAL

JUDGEMENT

(1.) These writ petitions under Article 226 and 227 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clause is being taken from the case being S.B. Civil Writ Petition No.7689/2023:-

(2.) Learned counsel for the petitioner submits that the petitioner is the tenant and is facing proceeding under Sec. 9(a) of the Rajasthan Rent Control Act, 2001. The common factor in these three writ petitions is that petitioner-defendant no.1 has moved an application under Order 32, Rule 1 and 15 read with Sec. 151 CPC on dtd. 17/1/2023 through his next friend son Rajendra Jain seeking an opportunity to submit his evidence instead of petitioner-Tejmal, who is suffering from Parkinson disease, as per the certificate of Medical Board of the Government Hospital.

(3.) Learned counsel for the petitioner further submits that though there is a slight delay on the part of the petitioner in moving such application, but in the interest of justice, one last opportunity may be given to render his evidence on the next date itself in all three matters.