CW 12292/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1- Civil Writ Petition No.12292/2010 Poonam Chand & Ors Versus Rent Tribunal, Kota & Murlidhar Agarwal 2- Civil Writ Petition No.12293/2010 Poonam Chand & Ors Versus Rent Tribunal, Kota & Murlidhar Agarwal Date of Order ::: 19/10/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Rajvir Sharma, for petitioners Mr. SC Mital, for respondent-2 (Caveator) Since both the petitions involve common issue, hence were heard together and are being disposed of by this order. The petitions have been filed assailing orders dt.23/07/2010 & 26/07/2010 in Case No.27/2004 whereby cross examination of two witnesses of applicant (respondent-2) was closed, since the petitioners failed to make payment of costs of Rs.5,000/- payable to each of two witnesses as directed vide order dt. 23/07/2010. Application was filed by landlord (respondent-2) U/s 9 of the Rajasthan Rent Control Act, 2001 (“the Act, 2001”) before the Rent Tribunal, Kota and after filing of written statement and framing of the issues, but at the stage of cross examination of plaintiff's witnesses, since the defendant (petitioners) failed to cross examine, learned Rent Tribunal vide order dt.23/07/2010 imposed CW 12292/10 //2// costs of Rs.5,000/- payable to each of plaintiff's witnesses which the petitioners failed to make payment; accordingly, vide order dt.26/07/2010, opportunity of cross examination of plaintiff's witnesses was closed. Counsel for petitioners submits that the costs having been imposed by learned Tribunal is wholly unjustified because the petitioner was entitled for a reasonable opportunity for cross examination of plaintiff witnesses which was arbitrarily closed. Counsel for respondent-2 (Caveator) supported the impugned orders and submits that even if petitioner was unable to cross examine, there is no illegality committed by the Tribunal if costs have been imposed and if the same has not been deposited, learned Tribunal was justified in closing the cross examination vide subsequent order dt.26/07/10. After hearing Counsel for the parties, this Court considers it appropriate to modify the orders impugned that on the payment of costs of Rs.2,500/- in full instead of Rs.5,000/- pursuant to order dt.23/07/2010 payable to each of plaintiff's witnesses, the learned Tribunal shall allow the petitioners to cross examine plaintiff & his witnesses and after cross examination of plaintiff witnesses CW 12292/10 //3// the Tribunal may proceed in accordance with law. To the above extent, impugned orders dt. 23/07/2010 & 26/07/2010 stands modified and consequently, both the writ petitions stand disposed of. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/ 12292CW2010Oct19Ds(2).doc