GANGA SAHAY RELA & ANOTHER Vs. GOBINDI DEVI

JUDGEMENT

(1.) The petitioners are aggrieved by order dated 8.11.2013 passed by Addl. Civil Judge (Sr. Div.) No.5, Jaipur Metropolitan, Jaipur, the newly constituted Rent Tribunal-II, Jaipur Metropolitan, Jaipur, whereby the learned Magistrate has allowed an application under Order 7, Rule 14(3) CPC filed by the respondent-plaintiff.

(2.) The learned counsel for the petitioners has contended that the application filed by the respondent-plaintiff for bringing two bills on record was filed after an inordinate delay. Moreover, the plaintiff-respondent already had these bills in her possession when she had filed the rejoinder on 21.10.2010. But despite having the possession of these bills, she did not file these bills. It is only during the course of trial, during the recording of the plaintiff's evidence that she filed the application. Therefore, the application ought to have been dismissed by the learned Magistrate. Yet, the learned Magistrate has allowed the application.

(3.) Heard the learned counsel and perused the impugned order as well as the application and the reply thereto filed by the petitioners.