SANGEET LODHA,J. - (1.) This petition is directed against order dated 2.8.18 passed by the Rent Tribunal, Bhilwara in Rent Case No.120/17, whereby the application preferred by the petitioners to recall the witnesses of the applicant, the respondent no.1 herein, for cross examination, stands rejected.
(2.) The relevant facts are that the respondent no.1-Ashok Kumar filed an application under Section 9 of Rajasthan Rent Control Act, 2001 (for short "the Act of 2001") against the petitioners and respondent nos.2 to 7 herein, seeking their eviction from a commercial premises on the ground of subletting, reasonable and bonafide necessity, the tenant acquiring the vacant possession of the suitable premises and non user of the premises without reasonable cause. The application is being contested by inter alia the petitioners herein by filing a reply thereto.
(3.) The statements of AW1-Ashok Kumar, the applicant-landlord were recorded by the Rent Tribunal on 9.2.17, however, the time was sought on behalf of the petitioners herein for cross examination on the ground that counsel appearing on their behalf is out of station. Accordingly, the matter was adjourned on payment of costs Rs. 250/-. On the next date of hearing i.e. 22.3.17, again time was sought on behalf of the petitioners for cross examination. Accordingly, the matter was adjourned to 27.4.17. The petitioners having failed to avail the opportunity of cross examination, on 27.4.17 while recording the cross examination on behalf of the respondents no. 7 and 8 as 'Nil', the matter was posted for examination of the applicants' remaining witnesses. Thereafter, the matter was adjourned from time to time. On 23.1.18, an application was preferred on behalf of the petitioners under Order 18, Rule 17 read with section 151 CPC for recalling the respondent no.1-Ashok Kumar for cross examination. The application has been rejected by the Rent Tribunal by the order impugned observing that no reasonable cause is shown by the petitioners herein for not availing the opportunity extended for cross examination. Hence, this petition.;