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CHANDRA KUMAR SONGARA
Ghanshyam Swami – Appellant
Versus
Mehnaaz Hussain – Respondent
ORDER
1. Instant writ petition has been preferred by the petitioner challenging the impugned order dated 16.01.2021 passed by the Rent Tribunal, No.1 (Additional Senior Civil Judge cum Additional Chief Metropolitan Magistrate, No.1), Jaipur Metropolitan-I, Jaipur, in Original Application No.607/2019, titled as Smt. Mehnaaz Hussain Vs. Ghanshyam Swami, whereby the application under Section 151 of C.P.C. dated 08.01.2021 filed by the petitioner to consider the delay and allow him an opportunity to file reply to the original application, had been dismissed.
2. Facts of the present case, in brief, are that the respondent had filed a petition under Section 9 of the Rajasthan Rent Control Act, 2001 for eviction of the petitioner on 14.10.2019. The learned Tribunal closed the right of the petitioner to file the reply to the original application on 02.01.2020. The petitioner moved an application under Section 151 of C.P.C. to consider the delay and grant him an opportunity to file reply to the original application, which was rejected vide impugned order dated 16.01.2021 by the learned Tribunal. Hence, this petition.
3. Learned counsel appearing for the petitioner has submitted that the learne
The court established that while adherence to procedural timelines is crucial, courts may exercise discretion to allow additional opportunities for parties to present their cases in the interest of j....
The court ruled that while procedural provisions may be directory, a party must substantiate claims of hardship to justify delays in legal proceedings.
The court addressed the validity of eviction petitions based on alleged forged documents, emphasizing the need for a legitimate landlord-tenant relationship.
The court established that a party is entitled to have issues framed that are not adequately covered by existing issues, ensuring a fair opportunity to present their case.
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