SANGEET LODHA,J. - (1.) This petition is directed against order dated 21.9.15 of the Rent Tribunal, Jodhpur Metropolitan City, whereby an application preferred by the petitioner for taking the reply filed belatedly on record, stands rejected.
(2.) The facts relevant are that the respondent filed a petition under Section 9 of the Rajasthan Rent Control Act, 2001 ("the Act") seeking eviction of the petitioner from a commercial premises. The notice of the petition issued by the Rent Tribunal was served upon the petitioner on 9.8.12. The petitioner did not file the reply to the petition within the stipulated period of 45 days. However, the petitioner filed an application under Section 11 r/w Section 151 CPC on 3.9.12 seeking rejection of the petition as barred by principle of res judicata. The application preferred as aforesaid was dismissed by the Rent Tribunal vide order dated 5.3.14. Thereafter, on 4.4.14, the petitioner made an application for taking the reply to the petition on record, which stands rejected by the Rent Tribunal by the order impugned. Hence this petition.
(3.) On 28.1.16, this Court while issuing notices to the respondent passed an interim order in favour of the petitioner in the following terms; "In the meanwhile, if on the next date fixed before the trial court i.e. 03.03.2016, the petitioner pays a cost of Rs. 2,500/- to the respondent-landlord, the reply filed by the petitioner shall be taken on record. In case, the respondent-landlord does not accepts the cost and wants to contest the present writ petition, further proceedings in Case No. 909/2012 pending before the Rent Tribunal, Jodhpur shall remain stayed. It is further made clear that in case, on the next date, the petitioner fails to pay the cost as directed hereinbefore, no further opportunity shall be granted to the petitioner.";