1. - This writ petition has been filed by the petitioner- tenant under Article 227 of the Constitution of India against the order dated 11.10.2012 passed by learned Appellate Rent Tribunal, jodhpur whereby the learned Appellate Rent Tribunal has refused to take the documents on record filed alongwith additional affidavit filed by the petitioner-tenant after its the amendment in the written statement came to be allowed by previous order dated 11.10.2012 passed by learned Appellate Rent Tribunal in Appeal No. 76 of 2008, Smt. Nikky Devi v. Chothmal .

2. Mr. O.P. Boob, learned counsel for the petitioner-tenant submitted that the documents filed alongwith additional affidavit to support the averments made in the amended written statement deserve to be taken on record and the same could not have been refused by the Appellate Rent Tribunal, which has co-extensive powers with that of Rent Tribunal and therefore, the impugned order dated 11.10.2012 cannot be sustained to that extent.

3. A coordinate bench of this Court, while issuing notices to the respondents vide the order dated 22.11.2012 stayed the further proceedings in Appeal No. 76/2008 pending before the learned Appellate R