1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH AT JAIPUR ORDER S.B.Civil Writ Petition No.3178/2007 Sayed Bhai Vs. Rent Control Tribunal, Bundi (Raj.) & Anr. Date of Order :- 04.03.2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Deepak Pareek, for the petitioner. The petitioner has challenged the order dated 19.01.2007 passed by the learned Rent Control Tribunal, Bundi ('the Tribunal' for short) whereby the learned Tribunal has permitted respondent No.2 to file a rejoinder along with the documents and has taken the same on record. The basic contention raised by the learned counsel for the petitioner is that according to Section 15 of the Rajasthan Rent Control Act, 2001 ('the Act' for short) while the plaintiff does have the right to file a rejoinder, he does not have the right to file documents along with the said rejoinder. Therefore, the learned Tribunal should not have permitted the respondent No.2 to file the documents along with the 2 rejoinder. In order to buttress this contention, he has drawn the attention of this Court to Section 15(4) of the Act. Section 15 of the Act reads as under:- 1.The landlord or any person claiming possession shall file a petition before the Rent Tribunal and such petition shall be accompanied by affidavits and documents, if any, upon which landlord or person claiming possession wants to rely. 2.The Rent Tribunal, upon filing of petition under sub-section (1), shall issue notice accompanied by copies of petition, affidavits and documents, if any, fixing a date not later than thirty days from the date of issue of notice requiring the tenant to submit reply accompanied by affidavits and documents, if any, on which the tenant relies. The service of notice shall be effected through process server of the Tribunal or civil court as well as by registered post, acknowledgment due. Notice duly served by any of these methods shall be treated as sufficient service. 3.The tenant may submit his reply, affidavits and documents after serving the copies of the same to the petitioner, within a period not exceeding forty five days from the date of service of notice. 4.The petitioner may thereafter file rejoinder if any, after serving copy to the opposite party, within a period of thirty days from the date of service of reply. 5. -------------- 6. -------------- 7. -------------- 8. -------------- 3 Since the right to file a rejoinder has been given to the plaintiff, it would also include the right to substantiate his contention by filing documentary evidence. Therefore, it cannot be held that Sub-section 4 of Section 15 does not permit the plaintiff to file documents along with the rejoinder. Since the purpose of law is to do substantial justice to both the parties, both the parties have to be given ample opportunities and the right to place the relevant evidence through their pleadings. This principle emanates not only from the principles of natural justice, but is also enshrined in Article 21 of the Constitution of India. Therefore, the interpretation proposed by the learned counsel is devoid of any merit. Hence, the writ petition is, hereby, dismissed. (R.S.CHAUHAN)J. Manoj Solanki