- (1.) Heard Sri Atul Dayal, learned counsel for the petitioner and Sri Sumit Daga, learned counsel for the respondents. By means of this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 16.7.2013 passed by the learned District Judge, Meerut in Misc. Case No. 277 of 2013 (Lokesh v. Ravi) and the order dated 25.5.2013 passed by the Prescribed Authority/Judge Small Causes Court Meerut in P.A. Case No. 61 of 2009 (Ravi Kumar and others v. Lokesh Kumar Rastogi). vide order dated 25.5.2013 the petitioner's application (66-Ga) has been rejected whereas by the subsequent order dated 16.7.2013 the petitioner's appeal which was registered as Misc. Case No. 277 of 2013 has been rejected being not maintainable taking note of the judgment of the Apex Court in Central Bank of India Ltd. v. Gokulchand, 1967 AIR(SC) 799 The petitioner has filed an application for appointment of Amin Commission for ascertaining the fact about existence of 20 shops situated in Shankar Market, which according to the petitioners are the part of landlord's property No. 182, Abu Lane, Meerut Cantt. and out of them number of shops are vacant so that the petitioner-tenant can lead his evidence. The Prescribed Authority has rejected the petitioner's application on the ground that Commission cannot be issued for collecting the evidence on the insistence of a party. Further the same has been filed belatedly at the time of disposal of the release application.
(2.) Refuting the submission of the learned counsel for the petitioner, Sri Sumit Daga, learned counsel for the respondent has submitted that the Commission cannot be issued for collecting the evidence. Further it cannot be claimed to be issued as a matter of right.
(3.) I have heard learned counsel for the parties and perused the records. Here in this case, it is apparent that the P.A. case is still pending and such cases are of summary in nature and decided on the basis of exchange of affidavits. In case any of the party want to bring some facts in the notice of the party, it is always open for it to state the same in the form of affidavit and file evidence in support of that.;