Dismissed

Yashwant Khunteta S/O Shri Radhey Shyam Khunteta v. Hanuman Sahay Sharma S/O Late Shri Gori Shankar Sharma

Rajasthan HC5 Aug 2024CW/10150/2024

Case brief

AI extract

What is this about?

A writ petition challenging the dismissal of an application to admit internet-downloaded documents as evidence in a Rent Tribunal proceeding was dismissed for lack of merit. The single-judge bench held that the Tribunal correctly concluded the petitioner was careless in not tendering documents he possessed since the start. Document is a one-line order.

What the court decided

AI extract

Yashwant Khunteta S/O Shri Radhey Shyam… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:33329]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 10150/2024

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Yashwant Khunteta S/o Shri Radhey Shyam Khunteta, Aged About 54 Years, R/o House No. B-10, Mandir Marg, Subhash Nagar, Jaipur, Rajasthan.

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----Non-Applicant-Petitioner

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Versus

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Hanuman Sahay Sharma S/o Late Shri Gori Shankar Sharma, Aged About 75 Years, R/o House No. 2088, Mahalakshmi Ji Ka Mandir, Opposite Lal Hathiyon Ka Mandir, Nahargarh Ka Rasta, Chandpole Bazar, Jaipur, Rajasthan.

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----Applicant-Respondent

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For Petitioner(s)

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: Mr. T. N. Sharma with Mr. I. J. Kathuria

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

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05/08/2024

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By way of this writ petition, the petitioner has challenged the order dated 08.02.2024 passed by the learned Rent Tribunal, Jaipur Metropolitan-II in Original Application No.13/2021 titled as Hanuman Sahay Vs. Yashwant Khunteta whereby, an application filed by the petitioner for taking documents on record and permit to exhibit the same in evidence, has been dismissed.

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Learned counsel for the petitioner submits that certain important documents were downloaded by the petitioner from internet and these documents are very crucial and essential for just decision of the case. Learned counsel submits that learned Tribunal has committed illegality in rejecting the application. He submits that if these documents are not taken into consideration and are not allowed to be exhibited in evidence, serious prejudice

[2024:RJ-JP:33329]

[CW-10150/2024]

(2 of 2)

would be caused to the petitioner. Learned counsel submits that these documents are essential for just decision of the case and in the interest of justice, these documents may be taken on record.

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I have perused the material available on record.

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It appears from the record that thorough cross examination of the respondent was conducted by the petitioner in respect of these documents which shows that the petitioner was in possession of these documents since beginning and he was not vigilant to submit and tender these documents at appropriate stage.

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In my considered opinion, learned Tribunal has not committed any illegality in rejecting the application filed by the petitioner. I do not find any perversity in the impugned order and same is hereby affirmed.

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Accordingly, the writ petition is dismissed as being devoid of merit.

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(ANIL KUMAR UPMAN),J

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Seema/89

Yashwant Khunteta S/O Shri Radhey Shyam Khunteta v. Hanuman Sahay Sharma S/O Late Shri Gori Shankar Sharma

Case brief

What is this about?

What the court decided

Yashwant Khunteta S/O Shri Radhey Shyam Khunteta v. Hanuman Sahay Sharma S/O Late Shri Gori Shankar Sharma

Case brief

What is this about?

What the court decided

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