VINIT KUMAR MATHUR,J. - (1.) The present writ petition has been filed against the order dated 19.07.2010 whereby the application preferred by the petitioner under Order 23, Rule 1 read with Section 151 of CPC has been rejected.
(2.) The main contention of the petitioner is that after coming into the force of Rajasthan Rent Control Act, 2001 the petitioner wants to withdraw the present suit for filing the same before the appropriate Court/Tribunal. Further, the other proceedings for the same cause of action cannot be simultaneously undertaken, the present application is preferred for withdrawal of the present suit for filing it before the appropriate Court. The counsel for the petitioner has also submitted that while deciding the application, the relief of the petitioner cannot be splitted and only the application in part cannot be allowed as has been done by order dated 19.7.2010. To this application, a detailed reply has been filed by the respondent stating therein that by virtue of Section 32 (3) (a) of the Rajasthan Rent Control Act, 2001 all the applications, suits and other proceedings under the Repealed Act pending on the date of commencement of this Act before any Court shall be continued and disposed of in accordance with the provisions of the Repealed Act as if Repealed Act has continued in force. However, if the plaintiff within a period of 180 days of the coming into the force of the Act of 2001, withdraw any suit or appeal or any other proceedings pending under the Repealed Act with liberty to file fresh petition may do so, if the same is filed within a period of 270 days from the commencement of the Act of 2001. Admittedly, the present suit was pending from 31.3.1999 and the present Act of 2001 has come into force w.e.f. 1.4.2003 and the present application under Order 23 Rule (1) is being preferred in the year 2010 i.e. the expiry of seven years, the same is not maintainable and the learned Court below has therefore rightly rejected the application.
(3.) Heard learned counsel for the parties.;