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2018 Supreme(Raj) 791

INDERJEET SINGH
Sandeep Kumar Aagiwal – Appellant
Versus
Rent Tribunal Jaipur Metropolitan City – Respondent


Advocates Appeared:
For the Appellant :Mr. Sudesh Bansal and Mr. Mohd. Adil, Advocates
For the Respondent:Mr. Abhi Goyal, Advocate

JUDGMENT

Inderjeet Singh, J.

This writ petition has been filed by the petitioner against the order dated 10.09.2012 whereby right to reply was closed by the Rent Tribunal as well as against the order dated 23.11.2012 whereby the application for condonation of delay in filing the reply was dismissed.

2. Brief facts of the case are that the respondent No.2-landlord filed an eviction application against the petitioner-tenant before the Rent Tribunal. The matter was listed before the Rent Tribunal on 10.09.2012, on the said date the petitioner-tenant sought time to file reply. However, the time was not granted and reply was closed. Thereafter, the petitioner-tenant filed an application before the Rent Tribunal alongwith reply to the eviction application on 22.09.2012 after a delay of twelve days. The said application was dismissed by the Rent Tribunal on the ground that the provisions of Section 15(3) of the Rajasthan Rent Control Act, 2001 is mandatory in nature and the Tribunal has no jurisdiction to condone the delay in filing the reply.

3. Counsel for the petitioner submitted that the provisions of Section 15(3) is directory in nature and not mandatory. He further submits that the Lear









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