CW 5699/09-Arya Samaj, I.G.N.P., Colony Lalgarh Vs. Dinesh Mandula & Anr. Judgment dt.3.7.09 1/2 S.B. CIVIL MISC. WRIT PETITION NO.5699/2009 Arya Samaj, I.G.N.P., Colony Lalgarh Vs. Dinesh Mandula & Anr. Date of order : 3rd July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. D.D. Chitlangi for the petitioner. ------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 25.3.2009 passed by the learned trial court rejecting the review petition No.130/2005 and the application under Order 41 Rule 27 C.P.C. filed by the petitioner during the course of such review petition. 3. Mr. D.D. Chitlangi, learned counsel for the petitioner submits that since the registration certification of petitioner came into the possession of the defendant review petitioner only on 3.8.2008, therefore, the said document could not be furnished earlier before the learned trial court during the course of suit as well as the appeal and hence, the present review petition was filed before the learned appellate court along with an application under Order 41 Rule 27 C.P.C. CW 5699/09-Arya Samaj, I.G.N.P., Colony Lalgarh Vs. Dinesh Mandula & Anr. Judgment dt.3.7.09 2/2 4. Learned appellate court while rejecting the said review as well as the application under Order 41 Rule 27 C.P.C. has found that the said fact was within the knowledge of the defendant review petitioner even during the course of suit itself and, therefore, he ought to have produced some documents if at all he chose to do so at that point of time and that cannot become a ground of review of the eviction order itself. 5. 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 review petition as well as the application under Order 41 Rule 27 C.P.C. 6. This writ petition is found to be devoid of merit. The same is accordingly dismissed. Copy of this judgment be sent to the opposite parties as well as trial court. [ DR. VINEET KOTHARI ], J. item No.14 babulal/