ORDER

1. Looking to the controversy involved in the present case, the matter has been heard finally.

2. Instant writ petition has been filed against the order dated 06.02.2021 vide which the application dated 24.02.2020 filed by the petitioner under Section 21 of the Rent Control Act, 2001 for taking the affidavit of the petitioner on record in support of reply, was dismissed.

3. Indisputably, the petitioner filed an application for taking on record the affidavit at the time when the evidence of applicant Prabhudayal Agarwal was closed and the matter has been fixed for evidence of the petitioner and the delay in filing the affidavit has not been satisfactorily explained by the petitioner.

4. However, taking into consideration the facts of the present case, this Court deems it appropriate to order that the affidavit of the petitioner as witness in support of the reply, is taken on record and it is further ordered that on the next date of hearing the petitioner shall produce himself as witness by giving a copy of the aforesaid affidavit at least three-days in advance to the opposite counsel and he be examined/cross-examined, subject to payment of cost of Rs. 10,000/-.

5. It is further mad