In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.5349/2010 Radha Kishan Gupta Vs. The Rent Tribunal, City Civil Court, Jaipur & Anr. Date Of Order :: 18/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Prahlad Sharma, for petitioner. Mr. K.D. Gaur, for respondent.
Instant petition has been filed by the petitioner assailing the order dt.15.3.2010 passed by the Tribunal whereby the opportunity of cross-examination of the witnesses was denied on the premise that earlier opportunity was afforded to the petitioner which he failed to avail.
Counsel for respondent-plaintiff submits that opportunity was granted to the petitioner for cross-examination, however, on instructions, he further submits that the Court may grant permission to cross-examine their witnesses but cost may be imposed upon the petitioner.
Taking note of what has been submitted by the counsel for respondent-plaintiff, this Court considers it appropriate that petitioner may be permitted to cross-examine the witnesses provided he deposits the cost of Rs.2500/-.
Accordingly, the order dt.15.3.2010 passed by the learned Tribunal is set aside. The petitioner is permitted to cross-examine the witnesses on the next date of hearing (29.5.2010) or on other date which may be considered in the facts of the instant case by the Tribunal provided he deposits Rs.2500/- as costs payable to the respondent-plaintiff and shall also furnish the receipt thereof in the office of the Tribunal on or before 26.5.2010. However, if he fails to do so within the period stipulated supra the Tribunal may proceed in the matter taking into consideration the earlier order dt.15.3.2010 in accordance with law.
With these directions/observations, the instant petition stands disposed of.
(Ajay Rastogi),J.
VS Shekhawat/-p.2
5349cw10May18Fnl.doc