1 SB Civil Writ Petition No.9887/2008 Ashok Kumar. vs. Dalpat Raj. S.B. Civil Writ Petition No.9887/2008 Ashok Kumar. vs. Dalpat Raj. Date : 12.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Sanjeet Purohit, for the petitioner. - - - - - Heard learned counsel for the petitioner. Learned counsel for the petitioner vehemently assailed the impugned order dated 24.11.2008 and submitted that the trial court has committed error of law by observing that the application has been filed after three years from the date of framing of the issues whereas after closure of evidence of the plaintiff, occasion for evidence of the defendant arose in the month of August, 2008. The petitioner submitted application with reasons for summoning of the witnesses and the reasons given by the trial court are absolutely erroneous and the trial court thereby committed serious illegality and denied opportunity to the defendant to produce evidence. 2 SB Civil Writ Petition No.9887/2008 Ashok Kumar. vs. Dalpat Raj. I perused the facts of the case, plaint and the issues, burden of which has been placed upon the defendant, as well as the reasons given by the learned court below. This Court is not inclined to exercise its jurisdiction under Article 227 of Constitution of India in the facts of the case for which no detail comments are needed as the permission is granted to the petitioner to challenge the impugned order in the appeal in case any occasion arises for the petitioner to challenge the same. Consequently, this writ petition is not entertained and the same is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya