Rajasthan High Court - Jodhpur
Virendra Singh And Ors vs Devi Singh And Anr on 21 March, 2022
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3601/2014
1. Virendra Singh S/o Harprit Singh, by caste Jat Sikh, R/o.
Ganguwala, Tehsil Padampur, District Sri Ganganagar.
2. Chhinder Singh S/o Surjan Singh, by caste Jat Sikh, R/o.
Village Kaliya, Tehsil & District Sri Ganganagar.
3. Gurmit Singh S/o Gurpratap Singh, by caste Jat Sikh, R/o.
Chak 3 E-Chhoti, Tehsil & District Sri Ganganagar.
4. Jagnandan Singh S/o Gajan Singh, by caste Jat Sikh, R/o.
Chak 9 G-Chhoti, Tehsil & District Sri Ganganagar.
5. Maninder Singh Man S/o Gurpratap Singh, aged about 42
years, by caste Jat Sikh, R/o.Chak 3 E Chhoti Tehsil & District
Bikaner.
----Petitioner
Versus
1. Devi Singh S/o Ganpat Singh, B/c.Khinchi Rajput, R/o.Vishnu
Bhojnalay, Near Vishnoi Dharamshala, Public Park, Bikaner.
2. Vikram Singh S/o Heer Singh, B/c. Rajput, R/o.Hotel Palace
View Lalgarh Premises, Bikaner.
----Respondent
For Petitioner(s) : Mr. R.C. Joshi
For Respondent(s) : Mr. Anil Vyas
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 21/03/2022 The present writ petition has been filed against the order dated 02/04/2014 passed by learned Rent Tribunal, Bikaner, whereby the evidence of the plaintiff has been closed.
Heard learned counsel for the parties.
Learned counsel for the petitioners submits that the affidavits of the witnesses on behalf of the plaintiffs were filed. However, because of the unavoidable circumstances, the plaintiff (Downloaded on 22/03/2022 at 09:06:27 PM) (2 of 3) [CW-3601/2014] witnesses' could not be present before learned Rent Tribunal on the date fixed. Learned counsel submits that Chhinder Singh's father who was suffering from cancer was taken to the hospital as he was critically ill. The witnesses named in the application accompanied Chhinder Singh took his father to the hospital and thus, could not produce themselves before learned Rent Tribunal for the evidence on the date fixed.
Learned counsel for the petitioners submits that in the interest of justice, one last opportunity may be granted to the petitioners for producing the witnesses on an appropriate cost to be deposited, failing which the petitioners will suffer irreparable injury.
Per contra, learned counsel for the respondent submits that the order passed by learned Rent Tribunal is just and proper and does not warrant any interference by this Court. He further submits that the petition is groundless and there is no reasonable explanation offered by the petitioners for setting aside the order passed by learned Rent Tribunal dated 02/04/2014.
I have considered the submissions made at the Bar and I have gone through the order passed by learned Rent Tribunal dated 02/04/2014. It is noted that the affidavits on behalf of Gurmeet Singh, Jagnandan Singh, Madhuri Singh and Chhinder Pal Singh had been filed before learned Rent Tribunal but they could not produce themselves before learned Rent Tribunal on the date fixed. The reason given for non-appearance is on account of the fact that Chhinder Singh's father was suffering from cancer and was taken to the Hospital for treatment by the persons named in the application accompanied Chhinder Singh, therefore, they could not produce themselves before Rent Tribunal. (Downloaded on 22/03/2022 at 09:06:27 PM)
(3 of 3) [CW-3601/2014] Without going into the nicety of the fact, this Court is of the opinion that interest of justice will be met if last opportunity is granted to the petitioners to produce their witnesses before learned Rent Tribunal on the payment of cost of Rs.25,000/- (Rupees : Twenty Five Thousand Only). If the cost of Rs.25,000/- is deposited before learned Rent Tribunal, the witnesses produced before learned Rent Tribunal shall be examined. The cost so deposited shall be used for the welfare of the activities of the Bar Members at Bikaner.
Resultantly, the writ petition is allowed. The order dated 02/04/2014 passed by learned Rent Tribunal, Bikaner is quashed and set aside and one last opportunity is granted to the petitioners to produce his witnesses before learned Rent Tribunal, Bikaner on or before 22/04/2022.
The stay application and other pending applications, if any also stand disposed of.
(VINIT KUMAR MATHUR),J 58-SanjayS/-
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