S.B.CIVIL WRIT PETITION NO. 2454/2008 (Daya Kishan vs. Nagar Palika & Ors.) DATE OF ORDER : 15/3/2010 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.T.C.Sharma, for the petitioner. Mr.H.S.Siddhu, for the respondent. This writ petition is directed against the order dated 3/12/2007, whereby, the plaintiff's application under Order 7 Rule 14 CPC has been rejected by the court below in a suit filed for injunction against the Municipal Board. Learned counsel for the Municipal Board has filed an application under Article 226 (3) of the Constitution of India for vacation of ex-parte stay order granted by this Court on 16/4/2008, whereby, further proceeding in suit were stayed. Learned counsel for the Municipal Board Mr. Siddhu submitted that the stay order has resulted in serious prejudice as the Municipal Board wants to construct shops over the public land and in view of the pendency of the writ petition and stay order that work is held up. Learned counsel for the petitioner submits that the documents in question were produced as soon as it became available to the plaintiff petitioner and, therefore, the application has been wrongly rejected by the learned court below. Having heard the learned counsels and in view of the reasons given by the learned court below in the impugned order, this Court is satisfied that the court below has not erred in rejecting the application for taking on record the document which were filed belatedly. Such documents could be very well obtained even before filing of the suit itself as they were old documents. Accordingly, there is no force in the present writ petition and the same is dismissed. (DR.VINEET KOTHARI), J. item no. 31 baweja/-