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2019 Supreme(Raj) 1616

VEERENDR SINGH SIRADHANA
State Bank Of India – Appellant
Versus
Shiv Charan Gupta – Respondent


Advocates Appeared:
Ms. Anita Aggarwal, Advocate, for the Appellant; Mr. Shiv Charan Gupta, Advocate, for the Respondent

JUDGMENT

Veerendr Singh Siradhana, J. - By the order dated 2nd February, 2019, the Rent Tribunal declined an application under section 151 CPC instituted by the petitioner-tenant for cross-examination of the applicant-non-petitioner-landlord; of which the petitioner-tenant is aggrieved of.

2. Learned Counsel for the petitioner, while assailing the legality, validity and correctness of the impugned order dated 2nd February, 2019, insistently argued that cross examination is a valuable right, and therefore, ought not to have been declined by the Rent Tribunal in the pending proceedings. According to the counsel, on an application instituted by the applicant-non-petitioner dated 17th November, 2018, requesting the Rent Tribunal to call upon the parties, if they intended to cross-examine their counterparts on the affidavits filed in lieu of examination-in chief; the petitioner-tenant did not decline the opportunity. Hence, in such circumstances, it was all the more necessary for the Rent Tribunal to grant the application seeking permission for cross-examination of the applicant-non-petitioner.

3. Reference has also been made to the opinion of the Apex Court of the land in the case of Rams

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