Narendra Kumar Jain, J. - (1.) ADMIT .
(2.) HEARD learned Counsel for the parties. The applicant -respondents filed an application for eviction in respect of rented premise against non applicant -petitioner before Rent Tribunal in the year 2005 wherein DW -1 was cross -examined on 25th January, 2008. The counsel for the non applicant filed an application alongwith affidavit of DW -2 who was also present in the court. However, the counsel for the applicant sought time to file reply to the application. The trial court vide its order dated 2nd April, 2008 rejected the application of the non applicant and did not take on record the affidavit of DW -2. Being aggrieved with the same, the present writ petition has been preferred on behalf of the non applicant tenant.
(3.) THE learned Counsel for the petitioner contended that DW -1 was cross -examined by the counsel for the applicant on 25th January, 2008 and on the same day he moved an application alongwith affidavit of DW -2 and he was also present in the court but instead of cross -examining the DW -2, the learned Counsel for the applicant sought time to file reply to the said application and now trial court has rejected his application, therefore, a last opportunity in the case may be granted to him, so the affidavit of DW -2 may be taken on record and counsel for the applicant may cross -examine him. He submits that so far as the delay is concerned, he is prepared to pay the reasonable amount of cost.;