Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
Legal Representatives Of Farasram – Appellant
Versus
Jagannath Rathi – Respondent
Order :
VINIT KUMAR MATHUR, J
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 25.10.2018 passed by Rent Tribunal, Barmer, whereby the application preferred by the petitioners to produce the affidavit of witness Meghraj on record and allow him to be cross-examined was rejected.
3. Learned counsel for the petitioners submits that for reasons beyond their control, the petitioners could not file the affidavit along with the reply filed before the rent tribunal. He further submits that the petitioners may be granted one opportunity to submit the affidavit of witness Meghraj and to cross-examine him on the appropriate cost being imposed by this Court. He further submits that if the same is not done, then the petitioners will suffer an irreparable loss.
4. Per contra, learned counsel for the respondents while opposing the submissions made by the counsel for the petitioners submits that the petitioners failed to avail the opportunity granted to them for filing the affidavit along with the written statement. He further submits that the matter is pending consideration since 2016 and a meager rent is being paid by the petitioners for th
The court emphasized procedural fairness, allowing the petitioners to submit a witness affidavit and cross-examine him, conditional upon the payment of costs, to ensure timely resolution of the case.
The denial of the opportunity to adduce evidence renders the exhibition of documents meaningless, emphasizing the necessity for competent witnesses to prove documents in court.
The court established that timely submission of evidence is crucial, but courts may exercise discretion to allow late submissions if justified by the circumstances, ensuring fairness in legal proceed....
The obligation to submit all evidence upfront in eviction proceedings is crucial, and late submissions without compelling justification are not permitted.
The main legal point established in the judgment is the importance of granting reasonable opportunity to cross-examine witnesses and imposing costs to compensate for any inconvenience caused, as emph....
Point of Law : Affidavit in lieu of examination-in-chief is constrained by two factors: (a) it must be examination-in-chief; and (b) it must be an affidavit conforming to requirement of Indian Eviden....
Parties in litigation must be granted adequate opportunities to present their case, and procedural delays should not prevent justice if not caused by mala fide intentions.
The main legal point established in the judgment is that the Rent Tribunal has the authority to consider the admissibility of documents at the final stage of the proceedings, and the procedure for ma....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
