CW 10673/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.10673/2007 Laxmi Swaroop Mathur Versus Govind Das Malu and Ors Date of Order ::: 10/07/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Peush Nag, for petitioner Mr. Amit Gupta for Mr. BL Agrawal, for respondents. Instant petition has been filed by tenant assailing order dt.04/07/07 (Ann.4) whereby his application filed U/O 8, R.1(3) CPC read with S.151, CPC for taking documents on record which were certified copy of affidavits which he furnished within month of filing of his written statement, was rejected by Rent Tribunal, Ajmer on the premise that he has not disclosed as to when he had applied for certified copy of affidavits and no reasonable justification has come forward on record for placing these additional documents on record after written statement being filed. After hearing both the parties at some length, Counsel for respondents on instructions submits that plaintiff has no objection if documents in question are taken on record but at the same time, further submits that since the eviction proceedings are pending since 2005, and despite there being mandatory provisions U/s 15(5) of Rajasthan Rent Control Act, 2001 (“Rent Act”) CW 10673/07 //2// for deciding the eviction proceedings within period stipulated therein, still they are pending which is causing prejudice to the plaintiff. In view of agreement arrived at between the parties (supra), writ petition is allowed. Order dt.04/07/07 of Rent Tribunal, Ajmer is hereby quashed and set aside. Documents produced alongwith application dt.04/02/06 of petitioner U/O 8 R.1(3) read with S.151, CPC, are directed to be taken on record and proceed further in accordance with law. However, learned Tribunal is further directed to expeditiously dispose of Org.Appl. No. 406/2005 keeping in view statutory requirement under the Act, 2001. No costs. (Ajay Rastogi), J. K.Khatri/p2/10673CW07Jul10Ald.doc