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2005 Supreme(Raj) 2783

GOVIND MATHUR
Mohd. Yunus – Appellant
Versus
Badam Bai – Respondent


Advocates Appeared:
Mr. S.L. Jain, for the Petitioner.
Mr. B.R. Mehta, for the Respondents

Judgment

Govind Mathur, J.-This petition for writ is directed against the order dated 08.02.2005 passed by learned Rent Tribunal, Chittorgarh in Rent Case No. 3/2004, Badam Bai vs. Mohd. Yunus. By the order impugned, learned Tribunal ordered for taking rejoinder on record subject to payment of cost of Rs. 200/-.

2. While giving challenge to the order aforesaid it is contended by Counsel for the petitioner that the order is erroneous as under Sub-section (3) of Section 14 of the Rajasthan Rent Control Act, 2001 (hereinafter referred as “the Act of 2001”) the petitioner may file rejoinder within a period of 15 days only from the date of service of reply. In the present case the rejoinder was filed after a period of 30 days, therefore, it was not proper for learned Tribunal to allow rejoinder to be taken on record. Counsel for the petitioner placed heavy reliance upon the Judgment of Honble Supreme Court in the case of Kailash vs. Nanku, reported in AIR 2005 SC 2441. In the case of Kailash (Supra), Honble Supreme Court while interpreting the provisions of Order 8 Rule 1, CPC held that extension of time in filing written statement may be allowed by way of an exception for reasons to be














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