SMT. UGMA DEVI Vs. GUSAI LAL & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the orders dated 17.1.2014 and 24.9.2014 passed by the trial court, whereby the application filed by the petitioner under Order 18, Rule 17 r/w Sec. 151 Code of Civil Procedure has been rejected and the review sought of the said order has also been rejected by the two orders respectively.

(2.) The respondents-plaintiffs filed a suit for eviction, inter alia, on the ground of default in payment of rent. One of the ground alleged in the plaint related to deposit of rent under Sec. 19A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 ('the Act') without complying with the provisions of the Act.

(3.) During the pendency of the suit, the petitioner was granted permission under Order 8, Rule 1A (3) Code of Civil Procedure to produce the record of deposit of rent under Sec. 19A of the Act. Where after, the petitioner filed an application under Order 18, Rule 17 Code of Civil Procedure for recalling the plaintiff, who was already examined as PW-1. The application was rejected by the trial court on 6.7.2013. Even before rejection of application on 6.7.2013, the petitioner has filed another application under Order 8, Rule 1A (3) Code of Civil Procedure for taking on record original money order receipts and the notice sent by the petitioner, which application was rejected by the trial court. However, the writ petition filed by the petitioner was accepted by this Court on 23.5.2012 and the documents were directed to be taken on record subject to objections by the plaintiffs to be raised at the final arguments.