1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.971/2009. Smt.Sosar Bai. VERSUS Appellate Rent Tribunal, Kota & Others. 30.03.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.R.P.Vijay, for the petitioner. ***** Heard learned counsel for the petitioner. The writ petition has been filed against the order dated 15.10.2008 by which the appeal filed by the respondents No.2 and 3 has been entertained by the learned Appellate Tribunal against the order passed by the learned Rent Tribunal rejecting the application submitted by the respondents No.2 and 3 dismissing their application under Order 1 Rule 10 C.P.C. The submission of the learned counsel for the petitioner is that no appeal is maintainable before the learned Appellate Tribunal against the order rejecting the application under Order 1 Rule 10 C.P.C. passed by the learned Rent Tribunal. So far as the above objection of the learned counsel for the petitioner is concerned, it is open for the petitioner to raise the aforesaid objection before the learned Appellate Tribunal by moving an application and in case such an application is filed 2 without waiting for the service upon the other respondents who are the tenants, the learned Appellate Tribunal would proceed to decide the same in accordance with law preferably within a period of two weeks after hearing the appellant. Subject to the above, the writ petition stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.