[2026:RJ-JP:10434] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20221/2023 Shambhu Kumar Son Of Chhotulal Darji, C/o Ajanta Watch Wali Gali, Mahaveer Bhawan Ke Pass, Oswal Mohalla, Madanganj- Kishangarh, District Ajmer Rajasthan. ----Petitioner Versus Kumari Kavita Darda Daughter Of Late Shri Rajendra Kumar Darda, Resident Of Sthaanak Ke Samnewali Gali, Oswali Mohalla, Madanganj-Kishangarh, District Ajmer Rajasthan. ----Respondent For Petitioner(s) : Mr. Vinodi Lal Mathur Mr. Amit Kumar Dhawan For Respondent(s) : Mr. J.K. Moolchandani HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 12/03/2026 1. The present writ petition has been filed assailing the order dated 05.08.2023 passed by the learned Rent Tribunal, Kishangarh, District Ajmer, whereby the application of the applicant–petitioner under Order 14 Rule 2 CPC read with Section 18 of the Rajasthan Rent Control Act, 2001, for deciding the legal issues alleged to be Issue Nos. 4 to 6 as preliminary issues before deciding the other issues, has been rejected. 2. Learned counsel for the petitioner submits that Issue Nos. 4 to 6 are purely legal issues and, therefore, the learned Rent Tribunal ought to have decided the said issues as preliminary issues. Learned counsel for the petitioner further submits that if the petition can be disposed of on a legal issue, there is no [2026:RJ-JP:10434] (2 of 3) [CW-20221/2023] requirement to proceed further with the matter for deciding the other issues. Therefore, he prays that the order dated 05.08.2023 is perverse and deserves to be quashed and set aside. 3. Per contra, learned counsel for the respondent submits that Issue Nos. 4 to 6 are not purely legal issues but involve questions of both law and fact, as the suit which was earlier filed by the respondent has already been consigned to the record and is not pending. 3.1 Learned counsel for the respondent further submits that the causes of action in the two suits are different, and these are disputed facts which can only be decided after recording evidence. Therefore, the said issues cannot be treated as purely legal issues. 4. Heard learned counsel for both the parties and perused the material available on record. 5. This Court finds that Issue Nos. 4 to 6 cannot be termed as purely legal issues and rather involve mixed questions of law and fact. 6. This Court also finds that the learned Rent Tribunals have been conferred with the power to conduct summary proceedings and that all the provisions of the Code of Civil Procedure do not strictly apply to such proceedings. 7. If all the provisions of the CPC are permitted to be applied strictly, then the summary nature of the proceedings before the learned Rent Tribunal would lose its character. Therefore, this Court finds no error in the impugned order so as to call for any interference under its writ jurisdiction under Article 227 of the Constitution of India. 8. Hence, the writ petition is hereby dismissed. [2026:RJ-JP:10434] (3 of 3) [CW-20221/2023] 9. Pending application(s), if any, stand disposed of. 10. However, the learned Rent Tribunal shall not be influenced by any of the observations or arguments raised by the parties in the present writ petition and shall decide the issues independently based on the evidence available before it. (BIPIN GUPTA),J JUBIN /19