1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.8050/2008 (Chandra Prakash Vs. Presiding Officer & Ors.) Date of order : 4.11.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. O.P. Mishra, for the petitioner. Heard learned counsel for the petitioner. An application under Order 14 Rule 5 read with Section 151 CPC was filed by the petitioner for deleting issue No.2. The said application filed by the defendant was rejected vide impugned order dated 2.9.2008 by the Rent Tribunal. Learned counsel for the petitioner submits that Issue No.2 was wrongly framed and in the order impugned wrong finding has been arrived at by the Rent Tribunal. Therefore, the application filed by the petitioner for deleting Issue No.2 was required to be accepted by the Rent Tribunal. I have perused Section 21 of the Rajasthan 2 Rent Control Act, 2001. Under Section 21 (3) of the Act of 2001, the Rent Tribunal and Appellate Rent Tribunal is not bound by the procedure laid down under Civil Procedure Code but is required to be guided by the principles of natural justice and subject to other provisions of the Act or the Rules made thereunder and shall have power to regulate their own procedure. In my opinion, when the Rent Tribunal is not bound by the procedure laid down under the Civil Procedure Code, then, the application filed by the petitioner under Order 14 Rule 5 read with Section 151 CPC itself was not maintainable. Therefore, if any procedure is adopted by Rent Tribunal in the interest of justice for adjudication of the matter, then, it is not required to be interfered by this Court. In this view of the matter, there is no illegality in the impugned order, which require any interference. Accordingly, the writ petition is dismissed. (GOPAL KRISHAN VYAS), J. arun