CW -5698/09-Om Prakash Vs. Addl. Civil Judge (JD) No.4, Jodhpur & Anr. Judgment dt.3.7.09 1/2 S.B. CIVIL WRIT PETITION NO.5698/2009 Om Prakash Vs. Addl. Civil Judge (JD) No.4, Jodhpur & Anr. Date of order : 3rd July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. B.K. Thanvi for the petitioner. ------- 1. This writ petition is directed against the order dated 23.3.2009 whereby the learned trial court has rejected the application of the defendant under Order 8 Rule 1 and 3 read with Section 151 C.P.C. seeking to bring on record certain additional documents. 2. The learned trial court has given the reason that the evidence in present suit was closed by the defendant on 17.3.2007 itself and since then the suit was being listed for final arguments and the present application was filed by the defendant on 24.8.2007 at the fag end when the suit was for final arguments. The learned trial court has further observed the said application was contested by the plaintiff by filing reply dated 10.11.2008 Annex.7 and the plaintiff has submitted in the said reply that the defendant was in know of the fact that he was tenant of the Education Committee (Shri Singh Sabha) and, therefore, the document sought to be now placed on CW -5698/09-Om Prakash Vs. Addl. Civil Judge (JD) No.4, Jodhpur & Anr. Judgment dt.3.7.09 2/2 record with the application under Order 8 Rule 1 C.P.C. showing the list of tenants of Shri Oswal Singh Sabha was within his knowledge and could have been filed earlier. 3. Having heard learned counsel and upon perusal of the impugned order, this Court is satisfied that the learned trial court has not committed any error in rejecting the said application under Order 8 Rule 1 and 3 C.P.C. with cost of Rs.200/- on the ground that the said application was delayed and was filed by the defendant at the fag end with a view to delay the trial further and decision of the suit itself. 4. This writ petition is found to be devoid of merit. The same is accordingly dismissed. Copy of this judgment be sent to the opposite party as well as learned trial court. [ DR. VINEET KOTHARI ], J. item No.13 babulal/