1. The present petition has been filed against an order dt. 1st Jan. 1982 refusing the petitioner an opportunity to cross-examine the persons whose affidavits have been filed by the respondent.’ Heard the parties.
2. Under O. XIX, Civil P.C an affidavit may be permitted to be filed in support of an application; or in other proceedings with the permission of the Court. In the proceedings under the U.P Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S. 34 of the Act permits the parties to file affidavit and produce witnesses in support of their case.
3. That attracts O. XIX R. 2, Civil P.C In a case where an affidavit is filed the veracity or the credibility of a witness cannot be tested unless he is subjected to cross-examination. In the instant case an application for cross-examining witness was moved; that application was earlier allowed by the Prescribed Authority by Order dt. 2nd Jan. 1981. Thereafter the case was put up on 20th Feb.
4. The other side also moved an application for cross-examining the witnesses of the petitioner. On 27th Mar., 1981 the parties were directed to produce their witnesses, but after adjournment on several dates the impugned order dt. 1-1-1982 was passed, refusing permission to cross-examine the witnesses. That order cannot be sustained because of two reasons.
5. Firstly because the Prescribed Authority was not authorised to review his order and secondly under O. XIX, C.P.C, under which the affidavits were sworn, permitted cross-examination of the persons whose affidavits were filed if requested by the other side. The request of cross-examination could not be turned down.
6. In the result, the writ petition succeeds. The order dt. 1-1-1982 is quashed. The Prescribed Authority is directed to permit the cross-examination of the witnesses whose affidavits have been filed by the respective parties. The parties are directed to bear their own costs. As it is an old case, the Prescribed Authority may proceed the case expeditiously. The stay order is vacated.
7. Petition allowed.