S.B. CIVIL WRIT PETITION NO.4660/2008 Gheesu Lal & Ors. Vs. Bheru Lal & Anr. Date of order : 21st July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Dr. Sachin Acharya for the petitioner. --------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 28.5.2008 whereby the learned Rent Tribunal refused to take on record the affidavit filed by the defendant in evidence and rejected the application of the defendant with cost of Rs.200/-. The matter was kept for final arguments today i.e. 21.7.2008. 3. Learned counsel for the petitioner submits that in the absence of affidavit being taken on record, the defendant would be defenceless and the said affidavit could not be inadvertently filed in the learned trial court. He submits that in the interest of justice, one opportunity may be granted to defendant on payment of cost. 4. Looking to the facts and circumstances of the case, this writ petition is disposed of with the request to the learned trial court to allow the defendant to file the said affidavit tomorrow itself i.e. 22.7.2008 and allow the plaintiff to cross-examine the defendant tomorrow itself and thereafter conclude the proceedings and pronounce the judgment subject to payment of Rs.2000/- by the petitioner. 5. The writ petition is accordingly disposed of. [ DR. VINEET KOTHARI ], J. item No.s.1 babulal/-