1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.8056/2007 (Smt. Maina Devi Vs. Smt. Mohini Devi & Ors.) Date of order : 25.02.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. R.K. Thanvi, for the petitioners. Mr. M.C. Bhoot, for the respondents. Heard learned counsel for the parties. In this case, the petitioners have challenged the order dated 18.9.2007passed by Rent Tribunal whereby the application filed by the petitioners for taking two affidavits of Arun Modi and Rajendra Bhandari was rejected. Learned counsel for the petitioners argued that the said application has been rejected only on the ground of delay and the merit of the application 2 was not considered by learned Rent Tribunal. Upon perusal of the impugned order, it is obvious that the learned trial Court has rejected the application only on the ground of delay without considering the merit of the application. At this juncture, Mr. M.C. Bhoot, learned counsel for the respondents submits that affidavits cannot be taken on record. Learned counsel for the respondents further submits that so far as delay is concerned, he has no objection, if learned Rent Tribunal will decide the application on merit. In these circumstances, while setting aside the order dated 18.9.2007, the case is remitted to Rent Tribunal with a direction that the application filed by the petitioner may be decided on merit on the next date of hearing. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun