Sudhir Narain, J. - (1.) Both these writ petitions have been referred by the learned Single Judge to a larger Bench. The learned single Judge has not framed any question of law but noted certain different opinions in the case decided by certain Benches of this Court on the question of right of a party to cross-examine the deponent of an affidavit filed in the proceedings under the provisions of U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act. 1972 (hereinafter referred to as the 'Act').
(2.) According to the learned single Judge, one view was that ordinarily the party should be permitted to cross-examine unless there are specific reasons to refuse such permission. Another view is that the party is not entitled to cross-examine a deponent of the affidavit unless there are exceptional circumstances shown by him before the authority concerned. In this connection, reference was made to the decision Rang Lal v. Prescribed Authority and another, 1982 (1) ARC 449, wherein an observation was made that in a case where an affidavit is filed the veracity or the creditability of the deponent cannot be tested unless he is subjected to cross-examination.
(3.) In Ashfaq Ahmad v. Prescribed Authority (Civil Judge, Rampur) and another, 1987 ARC 356, wherein an observation was made that if either party wants to cross-examine the deponents of the affidavits filed by the opposite party that prayer should not be refused without due regard to the provisions of Code of Civil Procedure.;