Ajay Rastogi, J. - (1.) Instant petition has been filed by defendant assailing order dt. 06/08/2010 of the Rent Tribunal, Alwar whereby application filed by petitioner U/O 11, Rr.12 & 14, CPC has been rejected.
(2.) Plaintiff-respondent filed application Under section 9 of Rajasthan Rent Control Act, 2001 ("the Act, 2001"), seeking eviction and after written statement was filed by tenant and the issues were framed, at this stage, petitioner filed application for summoning certain documents from respondent plaintiff. The Rent Tribunal after taking note of material on record, declined the prayer and rejected the application vide order dt.06/08/2010 while observing that prior thereto, petitioner had filed an application U/O 8. Rr.1 & 2, CPC for summoning self same documents from respondent-plaintiff who in reply categorically denied that he was not in power & possession of required documents; and on the contrary, it was further mentioned that it was with one Dinesh Kumar; but evern after the said order being passed, no action was taken by petitioner and file 2nd application U/O 11, R.12 & 14, CPC for summoning self same documents from respondent plaintiff. Taking note whereof, learned Tribunal observed that once the finding has come on record that the document sought to be summoned has not been in power & possession of respondent plaintiff, filing of subsequent instant application is nothing but to prolong the proceedings pending before the Tribunal. This Court has gone through the order impugned and does not find manifest error being committed by the Tribunal which may call for interference.
(3.) Consequently writ petition fails and is hereby dismissed. Writ Petition Dismissed.;