1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 489 of 2008 GANESH GARIA SAREE CENTRE V/S APPL.RENT TRI.& ANR. Mr. CS KOTWANI, for the appellant / petitioner Date of Order : 28.5.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the appellant. The learned Single Judge has already clarified that the question, as to whether rent is to be increased by 7.5% or 5% is a legal question, which is always open to the parties concerned to argue at the time of hearing of the appeal obviously without amendment of the pleadings. In that view of the matter, this part of the order of the learned Tribunal refusing application for amendment does not require interference. The question, as to whether the amendment is retrospective or not is not for this Court at this stage to decide. So far as the application under Section 21(3)(c) is concerned, in our view, the learned Appellate Tribunal has given cogent reasons for declining the prayer to direct 2 production of documents on the opposite party. Thus, we do not find any force in the appeal. The same is, therefore, dismissed summarily. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /tarun/