// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5689/2008 Suresh Modi S/o late Niranjan Lal Modi Versus Judge, Rent Tribunal, Jaipur City, Jaipur & Others Date of Order ::: 01.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Mohammed Anees, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. Plaintiff-respondents No.2 and 3 filed an application for eviction before the Rent Tribunal, Jaipur City, Jaipur against the defendant-petitioner. The case was fixed for applicant's evidence on 19th March, 2007. The counsel for defendant was absent, therefore, the defendant himself moved an application in writing to grant time to cross-examine the applicant's witnesses. The trial court allowed the application vide impugned order dated 19th March, 2007 at the cost of Rs.200/- and fixed the case for cross-examination on 7th May, 2007. The said order, imposing the cost of Rs.200/- is under challenge in this writ petition filed on behalf of the defendant. // 2 // I have heard learned counsel for the petitioner and also examined the impugned order and, after considering the same, I find that filing of present writ petition is clearly a misuse of process of law. The application filed by the petitioner was allowed but, looking to the facts and circumstances of the case, the trial court while allowing the application imposed the cost of Rs.200/-. The said order cannot be said to be illegal or bad in law in the facts and circumstances of the present case. I do not find any merit in the writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//