S.N.JHAN, J. - (1.) THIS special appeal by the tenant is directed against the order of the learned Single Judge, dated 3.1.2006, in S.B. Civil Writ Petition No. 9723/2005 dismissing the writ petition of the appellant which he had preferred against the order of the Rent Tribunal dated 20.8.2005, rejecting appellant's application for amendment of the written statement under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure.
(2.) SECTION 21 of the Rajasthan Rent Control Act, 2001 lays down the procedure and powers of the Rent Tribunal. Sub-Section (3) provides that the Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but guided by the principles of natural justice, and subject to other provisions of the Act or rules made thereunder, shall have power to regulate its own procedure, and for the purpose of discharging the functions under the Act shall have the same powers as are vested in a Civil Court in respect of following matters : (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) reviewing its decision; (d) issuing commissions for the examination of witnesses or documents; (e) dismissing. petition for default or deciding it exparte; (f) setting aside any order of dismissal of any petition for default or any order passed by it exparte; (g) bringing legal representatives on record; and] (h) any other matter as may be prescribed. On a bare reading of the above provision it is manifest that though the Rent Tribunals have been conferred certain powers as are vested in the Civil Court under the Code of Civil Procedure in matters specified in clauses (a) to (h) of sub-Section (3), the Code of Civil Procedure as such, much less as a whole, is not applicable. Sub-Section (1) of Section 21, likewise, provides for evidence by affidavit. Where it appears to the Rent Tribunal that it is necessary in the interest of justice to call a witness for examination or cross-examination and such witness can be produced, it may order attendance for examination or cross-examination of such a witness.
(3.) IT would thus appear that the Rajasthan Rent Control Act, 2001 lays down a special procedure for trial of suits under the Act. In the instant case the petitioner wanted to amend his written statement by incorporating facts about the alleged acquisition of another house by the plaintiff landlord. Issues have been framed and the suit is fixed for evidence. In the circumstances the application could as well be a device to delay the trial. The Act contemplates a time bound disposal of suits. The rejection of application for amendment of pleadings, therefore, does not appear to be arbitrary or illegal to warrant interference by Division Bench.;