DBSAW NO.439/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. J U D G M E N T D.B. CIVIL SPECIAL APPEAL (WRIT) NO.439/2007. In S.B. CIVIL WRIT PETITION NO.1777/2007. Mahendra Kumar Agarwal Vs. The Rent Control Tribunal, Jaipur & Anr. Date of Judgment:- April 2, 2008. QUORUM HON'BLE THE CHIEF JUSTICE SHRI NARAYAN ROY HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Shri M.M. Ranjan for the appellant. Shri L.L. Gupta for the respondents. ***** BY THE COURT:- This appeal is directed against the judgment dated 19/3/2007 whereby the writ petition preferred by the appellant-tenant against the order dated 31/1/2007 passed by the Rent Control Tribunal, Jaipur refusing to allow placement of the affidavits filed by him on record has been dismissed. Shri M.M. Ranjan, learned counsel for the appellant has argued that Tribunal erred in law in not permitting the affidavits on record, though at the same time, the written-statement also filed with delay by the appellant was taken on record. Learned counsel argued that according to the provisions of Section 15 of the Rajasthan Rent Control Act, 2001, the Tribunal has discretion to allow filing of affidavits even beyond the prescribed period of 45 days. When the Tribunal has permitted the written-statement to be DBSAW NO.439/07. 2 filed outside the limitation of 45 days, there was no reason for not permitting the affidavits filed by the appellant for evidence on his behalf to be taken on record. In any case, learned counsel argued, when the matter is still pending before the Tribunal at the stage of the evidence of the respondent-landlord, delay in filing of the affidavits by the appellant can always be compensated with reasonable amount of cost. Shri L.L. Gupta, learned counsel appearing for the respondent No.2 has opposed the appeal and submitted that already period of two years have elapsed after filing the written-statement and affidavits were required to be filed by the appellant with the written-statement itself. The affidavits were filed so late solely for the purpose of delay the proceedings. It was argued that Tribunal has rightly declined to take affidavits on record and the learned Single Judge did not commit any error in dismissing the writ petition. Upon consideration of the arguments aforesaid in the light of the material on record, we find that the affidavits were filed by the appellant with some delay which were refused to be taken on record by the Tribunal. The only affidavit earlier filed with written-statement was the supporting affidavit of the written-statement in regard to its contents. Affidavits of the witnesses, who are three in number, were filed later which have been declined to be taken on record by the Tribunal vide impugned- order. The matter, as it is, has remained pending for last almost 1½ years before the Tribunal at the same DBSAW NO.439/07. 3 stage where it was when the impugned-order was passed. It is always appropriate that the matter is decided on merits rather than on default of the parties. When the affidavits have already been filed and they are on record and particularly when so far even the witnesses of the plaintiff-respondent, whose affidavits are also on record, have not been cross-examined, there is no reason why the affidavits of the appellant are not allowed to be read in evidence by subjecting the deponents thereof to cross-examination. In the interest of justice, we deem it appropriate to permit the affidavits filed by the appellant to be taken on record subject however to the payment of cost of Rs.500/-. This appeal is accordingly allowed and the impugned-order passed by the learned Tribunal dated 31/1/2007 and that of the learned Single Judge dated 19/3/2007 are set-aside. The affidavits filed by the appellant shall form part of the record. The appellant shall however pay a sum of Rs.500/- as cost to the respondent No.2 before the Tribunal on the next date of hearing. Since this matter has remained pending before this Court for almost 1½ years, it is impressed upon the Tribunal to expedite the proceedings of the case. (MOHAMMAD RAFIQ), J. (NARAYAN ROY), CJ. anil