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NUPUR BHATI
Satynarayan – Appellant
Versus
Daulat Singh – Respondent
ORDER :
(Nupur Bhati, J.)
The present writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayers :-
(ii) that impugned order dated 17.10.2023 (Annexure- 8) may kindly be quashed and set aside.
(iii) that the reply to eviction petition (Annexure-3) of the petitioner be taken on record."
2. Brief facts of the case are that the respondent-landlord preferred an eviction petition against the petitioner. The learned Rent Tribunal, Jodhpur issued notices to the petitioner-tenant on 21.12.2021. The petitioner sought time to file reply to the eviction petition and on 11.02.2022, the learned Rent Tribunal, Jodhpur closed the reply of the petitioner. On 17.10.2022, the petitioner filed his reply along with his application under Section 21 of the Rajasthan Rent Control Act, 2001. The learned Tribunal dismissed the application filed by the petitioner vide order dated 11.05.2023 (Annexure-5). The petitioner preferred an appeal against the impugned order along with an application under section 5 of the Limitation Act, 1963. The appeal filed by the petitioner
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 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 affirmed that eviction under Section 9(i) of the Rajasthan Rent Control Act does not require prior notice for arrears of rent, focusing on bonafide necessity.
The central legal point established in the judgment is the court's power to accept written statements beyond the specified period in appropriate cases, as per the provisions of the Haryana Urban (Con....
The court ruled that the provision under Order 8, Rule 1 CPC is directory, allowing extensions for filing written statements in justified circumstances, emphasizing fairness in the judicial process.
The judgment establishes that false allegations in eviction proceedings can lead to penalties against the party making such claims, reinforcing the need for honesty in legal pleadings.
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