S.B. CIVIL WRIT PETITION NO.5147/2008 Ledan Vs. Urban Improvement Trust, Jodhpur & Ors. Date of order : 22nd August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. S.P. Sharma for the petitioner. --------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 29.5.2008 whereby the learned trial court rejected the application of the plaintiff under Order 11 Rule 14 C.P.C. for summoning the record of the UIT, Jodhpur, defendant No.1. 3. Learned trial court has rejected the said application as the same was filed at the fag end of the trial and during the course of final arguments of the suit. 4. Learned counsel for the petitioner submits that he was given the notice under Section 203 of the Municipality Act, 1959 way back on 27.3.1980 for removing his encroachment, therefore, the defendant cannot be given licence for the said suit plot and, therefore, the UIT should have been directed to produce the relevant record. 5. After hearing learned counsel for the petitioner, this Court finds no error in the impugned order as the said application could not have been filed during the course of final arguments of the suit itself. The same was likely to further delay the trial and decision of the suit. Whatever stand the UIT has taken before the learned trial court, the suit is required to be decided on the basis of evidence before the learned trial court. 6. The writ petition is found to be devoid of merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.s/3 babulal/-