BHAWANA KUMARI Vs. REKHA VERMA

JUDGEMENT

(1.) Instant writ petition has been preferred by the petitioner against the order dated 14/03/2019 whereby the learned Executing Court has refused to allow cross-examination in relation to the affidavits filed by the respective parties in the case before it under Section 47 CPC.

(2.) Learned counsel for the petitioner submits that the High Court vide its order dated 18/01/2019 in SB Civil Writ Petition No.1414/2019 had granted liberty to both the parties to adduce evidence by way of affidavits and documents. It is his submission that once the High Court directed for adducing evidence by way of affidavits and documents, the evidence could only be read after cross-examination is conducted. However, the learned Executing Court has limited the order passed by the High Court to the extent of only accepting the affidavits without allowing cross- examination. Learned counsel submits that the petitioner moved an application seeking permission to cross-examine in order to point out the veracity and correctness of the affidavit which has been wrongfully disallowed by the learned Executing Court by order impugned dated 14/03/2019.

(3.) Per-contra, learned counsel for the respondent-decree holder submits that the provisions of CPC would not apply to the Rent Tribunal and the Rent Tribunal has its own procedure which is to be laid down. Learned counsel relied on the judgment rendered by this Court in Mahmud Khan Vs. State of Rajasthan and ors.: 2005(5) WLC 287 wherein similar view has been taken.