JUDGEMENT
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(1.)Challenge in this revision petition is to the order dated 02.01.2014 passed by the Additional Civil Judge (Senior Division), Malerkotla, exercising the powers of Rent Controller, whereby, an application for submitting supplementary affidavit in support of the affidavit submitted in examination-in-chief has been allowed.
(2.)It has been asserted by the counsel for the petitioner that there is no provision under the Code of Civil Procedure (hereinafter referred to as 'the CPC) for tendering the supplementary affidavit when the affidavit in examination-in-chief has already been tendered. Counsel for the petitioner, in support of this contention, has relied upon the judgment of the Andhra Pradesh High Court in Mohammed Abdul Ahmad Vs. Mohammed Abdul Gafoor @ Ahmed & another, 2013 3 CivCC 244 (AP) and the judgment of this Court in Chander Bhusan Anand Vs. Devinder Kumar Singla, 2010 1 RentLR 23. He, thus, contends that the impugned order cannot be sustained and deserves to be set aside.
(3.)On the other hand, counsel for the respondent has submitted that the strict provisions of the CPC is not applicable to the proceedings under the Rent Act, in fact, the Rent Controller can adopt any procedure which will lead to the expeditious decision provided the procedure adopted is neither arbitrary nor unreasonable. In support of this contention, he has relied upon the judgment of this Court in Vijay Kumar & others Vs. Durga Ashram Charitable Trust etc., 2002 2 RentLR 306.
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