CW 744/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.744/2009 Prakash Chand Versus Rent Tribunal, Alwar & Ors. Date of Order ::: 27/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Dileep S.Jadaun, for petitioner Mr. Ajay Goyal, for respondents NO.2 & 3 Instant petition has been filed by petitioner (defendant) assailing order dt. 01/12/08 (Ann.3) passed by Rent Tribunal (Addl. Civil Judge (Sr.Dn) & Judl. Mag. No.1), Alwar whereby application dt.30/06/08 was decided and affidavits filed by plaintiff (respondents) on 22/11/04 were taken on record and petitioner was permitted to cross examine the witness. Respondents (plaintiff) filed suit seeking eviction and recovery of rent before the Tribunal U/s 9 of Rajasthan Rent Control Act, 2001 (“Rent Act”) for adjudication. It appears from the record that Counsel for plaintiff submitted affidavits on 14/12/04 but any how, could not have been taken on record and at a later stage, petitioner filed application seeking permission to take affidavits on record as it would cause prejudice. Learned Rent Tribunal after taking note of objections that since affidavits have already CW 744/09 //2// been filed way back on 22/11/04, however, from the order sheet, it appears that affidavits were filed on 14/12/04, in the interest of justice, learned Tribunal considered it proper to take these affidavits on record and at the same time also permitted the petitioner to cross examine. This court has gone through order impugned and does not find any manifest error which may call for interference therein. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/744CW09Fb27Rnt.doc