1 S.B. CIVIL WRIT PETITION NO.5289/2007 Ghisulal Vs. Rent Tribunal, Pali & Anr. DATE OF ORDER :: 02-04-2008 HON'BLE MR. MUNISHWAR NATH BHANDARI,J. Mr. K.R. Saharan, for the petitioner. Mr. H.R. Soni, for the respondent. This writ petition is directed against the order dated 17.7.2007 whereby the application submitted by the petitioner for non consideration of rejoinder or in the alternative for giving chance for submission of reply to the rejoinder is rejected. It is contended by the learned counsel for the petitioner that new facts have been inserted in the rejoinder, therefore such facts should not be considered or in the alternative petitioner should be given a chance to rebut the same by submitting reply to the rejoinder. Learned counsel for the respondents submits that though no new facts have been inserted in rejoinder, rather it is nothing but an explanation to the reply submitted by the petitioner. It is otherwise contended by learned counsel for the respondents that the petitioner may be given liberty to not only submit the evidence on aforesaid fact but may also cross examine 2 the witnesses of the respondents on the facts so narrated in rejoinder clarifying the position. I have considered the rival submissions of the parties and looked into record of the case and find that none of the averments made in the rejoinder is of the nature which can be said to bring totally new facts; rather same are nothing but explanatory in nature, that too it is in consonance with the written statement filed by the petitioner before the competent court. In view of the above, I do not find any substance in the contention of the counsel for the petitioner. However, in view of the fact agreed by the learned counsel for the respondent, the petitioner would be at liberty to submit evidence in regard to the facts so stated in the rejoinder and would also at liberty to cross examine the witnesses produced by the respondents on those issues. In view of the above, the writ petition is disposed of without interfering in the impugned order. [MunishWAR Nath Bhandari],J. Praveen