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1 - 6 of 6 (0.95 seconds)Section 15 in Rajasthan Rent Control Act, 2001 [Entire Act]
Section 21 in Rajasthan Rent Control Act, 2001 [Entire Act]
State Of Rajasthan And Anr. vs Mohammed Ikbal And Ors. on 4 March, 1998
8. Similarly in the matter of State of Rajasthan v. Mohd. Iqbal (1998 DNJ (Raj.) 275 while considering the various judgments of different High Court including the judgment of this Court in M/s. Ajanta Enterprise (supra) this Court held that the plaintiff cannot be allowed to introduce new pleas under the garb of filing rejoinder, so as to alter the basis of his plaint. In rejoinder, plaintiff has a right to explain only the additional facts incorporated by the defendant in his written statement. In rejoinder, plaintiff cannot be permitted to come forward with an entirely new case or raise inconsistent pleas so as to alter his original cause of action.
Section 9 in Rajasthan Rent Control Act, 2001 [Entire Act]
Ajanta Enterprises vs Bimla Charan Chatterjee And Anr. on 30 June, 1987
A bare perusal of Sub-section (3) Of Section 21 of the Act 2001 goes to show that the Rent Tribunal or the Appellate Tribunal may not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but, they are bound to adopt the procedure in conformity with the principle of natural justice. It is to be noticed that such provision requiring observance of principle of natural justice by the judicial bodies and quasi judicial authorities are generally not found incorporated in statutes specifically. In my considered opinion, while providing that the Rent Tribunal and Appellate Tribunal shall not be bound by procedure laid down by Civil Procedure Code, 1908, the legislature has consciously and purposely incorporated the said provision that proceeding before the Tribunal shall be guided by the principle of natural justice obviously, for the reason that observance thereof is considered to be assurance of justice and fairness. It is fundamental principle of natural justice that defence of a party to the proceedings before all courts, judicial bodies and quasi judicial authorities must always be fairly heard.
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