S.B.CIVIL MISC. WRIT PETITION NO.3947/2008 (Kalwant Singh vs. Kripal Singh) DATE OF ORDER : 4/3/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.G.J.Gupta, for the petitioner. Mr.Hemant Jain, for the respondent. Heard learned counsels. This petition is directed against the order dated 12/5/2008, whereby, the learned trial court refused to summon witness – Deed Writer Mr.Bhushan Miglani as defendant's witness in a suit for specific performance at the fag end of the trial. The learned trial court has given reason in the impugned order that sufficient opportunities were available to the defendant to produce the said witness whose name was not even included in the list of witnesses produced by him. Learned counsel for the petitioner pointed out that though the plaintiff had included the said witness in the list of witnesses produced by him, however, since he was not produced, therefore, in the interest of justice said witness may be allowed to be produced before the trial court, as defendant's witness. Having heard learned counsels and having gone through the impugned order, as the trial court has given cogent reasons, this Court does not find any ground to interfere with the impugned order under Article 227 of the Constitution of India. The writ petition is found to be devoid of merit and the same is accordingly dismissed. No costs. (DR.VINEET KOTHARI), J. item no.105 baweja/-