S.B.CIVIL REVISION PETITION NO.106/09 DATE OF ORDER : 4/3/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Kishan Bansal, for the petitioner. Heard learned counsel for the petitioner. This revision petition is directed against the order dated 16/1/2009, whereby, the learned trial court has rejected the application of the defendant-petitioner filed under Order 7 Rule 11 CPC on the ground that the same is belated as filed at the stage of evidence of defendant. The suit in question was filed for seeking mandatory injunction on 2/9/2004 and issues were framed by the court on 20/3/2006 and plaintiff's evidence was over on 21/8/2008. It was at this stage the defendant filed the present application which was rejected by the learned trial court. Learned counsel for the petitioner submitted that the suit for mandatory injunction could not be filed and only remedy with the plaintiff was to file a suit under Section 6 of the Specific Relief Act, 1963. This contention does not appear to have been raised by the petitioner defendant before the trial court as the application under Order 7 Rule 11 CPC has been rejected only as being belated. This Court finds no ground to interfere with the impugned order at this stage. The revision petition being devoid of merit is, therefore, dismissed. Copy of this order be sent to the opposite party. (DR.VINEET KOTHARI), J. item no.4 baweja/-