1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No. 2723/2010 Nand Lal Dhingra Vs Rent Tribunal, Jaipur City, Jaipur & anr 26.11.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr DD Khandelwal - for the petitioner Dr PC Jain – for respondent No.2 BY THE COURT: Aggrieved by the order dated 16.4.2009 this writ petition has been filed. After hearing learned counsel for petitioner, interim order was passed by this court on 24.2.2010 and thereby matter remained pending before the Rent Tribunal during the intervening period. Today, matter has come up on an application seeking vacation of the interim order. With the consent of learned counsel for parties, writ petition has been heard finally. Learned counsel for petitioner submits that though respondent was given sufficient time to cross examine petitioner's 2 witness but he was given discriminatory treatment and, thereby, after giving one change for cross examination it was closed. The prayer is to allow to cross examination of witnesses on the date fixed by this court at a reasonable cost. Prayer aforesaid has been opposed by learned counsel for respondent No.2, however, he submits that if cross examination of the witnesses is permitted then a date may be fixed by this court. Both the parties may remain present before the court below and witnesses may be cross examined on that date. The learned court below may then proceed further for disposal of the case. Reasonable cost may also be imposed on the petitioner. I have considered rival submissions made by learned counsel for parties and scanned the matter carefully. Without going into the factual dispute regarding the dates as it is coming out that date was fixed for cross examination of witnesses by the petitioner he failed to do so but thereafter chance to cross examination was closed. Looking to the facts and circumstances, I am of the view that petitioner may be given one chance for cross examination of the witnesses. The writ petition deserves to be allowed accordingly. 3 The writ petition is allowed. Order dated 16.4.2009 is set aside. Both the parties are directed to remain present before the court below on 13.12.2010, on which date or within a week, witnesses may be produced by the respondent No.2 and may be cross examined by petitioner. After completion of cross examination, remaining proceedings may be completed expeditiously and, if possible, within a period of three months thereafter. For allowing prayer of cross examination, petitioner would pay a sum of Rs.3,000/- to the respondent No.2 towards costs. (MN BHANDARI), J. bnsharma