Pendency of Application under Section 35A
Petition for Recovery pending in Rent Control Tribunal. The respondent has filed the reply and the case is listed for filing of the rejoinder by the petitioner. The petitioner files an application under Section 35A of the CPC against some vexatious remarks made by the respondent in his reply and prays the Court to strike off those remarks before the petitioner files the rejoinder. Meanwhile after a period of 1 year the respondent files an application for closing the rejoinder of the petitioner.
1.Is the Court not obliged to dispose off the Application of the petitioner under Section 35A before proceeding ahead with the case or any other application in the case.
2.Can the Court close the rejoinder without first disposing off the application under Section 35A?
