IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL WRIT PETITION NO.774/2008 19.8.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri Sriram Yadav, for the petitioner. Shri A.K.Bajpai, for the respondent. It is submitted by Shri Bajpai appearing on behalf of the respondents No.1 and 2, land lords who have filed the petition before the learned Rent Tribunal for eviction that the respondents No.1 and 2 are the contesting parties. It is submitted that the remaining respondents are only proforma parties and their interest is common with the petitioner and their service may be dispensed with. Learned counsel for the petitioner does not dispute the above position. In view of the above the writ petition was heard on merits as prayed. This writ petition has been filed against the order dated 7.1.2008 by which the application filed by the petitioner for taking on record the affidavit submitted in evidence of the defendant's witness Surendra Kumar which was refused by the learned Tribunal. I have perused the impugned order and I find that in the interest of justice one opportunity could be granted to the petitioner for placing on record the affidavit of the defendant's witness as it would only give rise to a ground for appeal and if the appeal is allowed the remand of the case. In the facts and circumstances it is directed that the learned Tribunal take on record the affidavit of the witness and permit cross examination by the plaintiff landlord. In view of the above the impugned order is set aside and it is directed that the parties shall appear before the learned Tribunal on 29.8.2008. On which the date the defendant petitioner shall produce the witness Surendra Kumar whose affidavit has been filed for being cross examined. For this purpose no further opportunity shall be granted to the petitioner. Subject to the above this writ petition is disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS