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Judgment
Shishir Kumar, J.—This writ petition has been filed against order dated 19.11.2008 by which the rebuttal affidavit filed by the petitioner has not been accepted on the ground that no time was granted for filing the same.
The proceeding by the landlord has been initiated against the petitioner under section 21 (1) of the U.P. Act No. XIII of 1972. During pendency of the proceedings, some additional documents regarding availability of the accommodation and certain property belonging to the petitioner has been filed that was accepted by the Court below. To rebut this applications submitted by respondentlandlord, petitioner has filed an affidavit rebutting the claim of respondentlandlord. The same has been rejected by order dated 19.11.2008 only on the ground that no time was granted therefore, the said affidavit or rebuttal cannot be acceptable.
After hearing learned Counsel for the petitioner, as prima facie it appears that order passed by the Court below is perfectly illegal, therefore, it is being set aside without inviting counter affidavit.
The writ petition is allowed. Order dated 19.11.2008 is hereby set aside and rebuttal affidavit filed by the petitioner be taken on record and at the time of hearing it be taken into consideration for disposal of the case.
No order as to costs.