- (1.) THIS petition has been filed challenging the order dated 10.12.2010, passed by the newly constituted Rent Tribunal, Jaipur City, Jaipur (hereinafter 'the Rent Tribunal') refusing to recall its order dated 11.11.2010 whereby the right of the petitioners-defendants (hereinafter 'the defendants') to lead their evidence in defence in the course of eviction petition filed by the respondent No.1-Landlord (hereinafter 'the landlord') had been closed. The reason of the learned Rent Tribunal below was that several opportunities had been granted to the defendants for leading their defence evidence in the eviction petition and occasion for seeking further adjournment on 11.11.2010 stated to be the 12th day ceremony following the death of the mother of the defendants' counsel was insufficient to further adjourn the matter.
(2.) HEARD Mr. Manish Sharma, appearing for the defendants and Mr. J.P. Goyal, Sr. Counsel with Mr. Abhi Goyal, for the landlord. In my considered opinion, whatever may have been the reason for the failure of the defendants to lead their defence evidence before the Rent Tribunal, yet on 11.11.2010 there appears to have been a reasonable cause for seeking adjournment as admittedly on the said date, the 12th day ceremony following the death of the mother of the defendants' counsel was underway. It is no doubt true that for the cross-examination of the defendants' witnesses on their affidavits in evidence, the presence of their counsel was not required. Yet the fact remains that it is the consistent practice before the trial courts that at the time of cross-examination of a witness on his affidavit in evidence, the presence of the counsel is ordinarily required in only but for moral support of the witness being pilloried by the opposite counsel before the court. Even though this Court does not ordinarily condone the delay in proceedings before the trial courts on the basis of unnecessarily adjournment and interfere with the discretion of trial courts on this score, yet in the facts of the case, I would quash and set aside the order dated 11.11.2010 as also the order dated 10.12.2010, passed by the Rent Tribunal, Jaipur and allow the defendants one opportunity to lead their defence evidence in the eviction petition pending before the newly constituted Rent Tribunal, Jaipur.
(3.) THIS Court is informed that the next date before the Rent Tribunal is 28.05.2013. It is directed that the defendants keep all the witnesses, whose affidavits in evidence have already been filed before the Rent Tribunal, available before the Tribunal on 28.05.2013. The Rent Tribunal shall try and endeavour to have the aforesaid witnesses for the defendants cross-examined on their affidavits in evidence by 31.05.2013 as far as possible. It is made clear that the defendants would not be allowed to seek any adjournment before the Rent Tribunal or to file any additional affidavits in evidence and present defence witness other than those whose affidavits in evidence have already been filed before the Rent Tribunal.;