1/2 S.B.CIVIL WRIT PETITION NO.8241/2009 (Lal Chand vs. Vijai Kumar) DATE OF ORDER : 11/9/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.M.L.Panwar, for the petitioner. This petition is directed against the order dated 29/5/2009, whereby, the learned appellate court rejected the application under Order 11 Rule 21 CPC for dismissing the suit for not complying with the order dated 27/7/2006, whereby, the learned trial court had directed the production of rent note in question. Learned trial court had also rejected the application on 12/4/2007 against which the defendant petitioner had approached this Court by way of writ petition No.4303/2007, which was dismissed by this Court on 7/8/2007 with liberty to defendant petitioner to approach the appellate court. The defendant petitioner had accordingly approached the appellate court where also he lost in the appeal also. Aggrieved of the said order, the defendant petitioner has approached this Court once again. 2/2 Learned appellate court in the impugned order at page no. 5 towards end had clearly observed that said application could not be allowed in view of the fact that order dated 7/10/2006 was passed by the learned trial court under Order 11 Rule 13 CPC and since the plaintiff landlord did not have the rent note in question in his possession, therefore, same could not be produced and, therefore, learned trial court refused to mark the same as exhibit and read the same in evidence. Having heard learned counsel and in view of the reasons given in the impugned order, this Court is satisfied that learned appellate court has not committed any error in view of the fact that order dated 7/10/2006 has not been challenged by the petitioner any where. In view of above, there is no force in the present writ petition and same is accordingly dismissed. Copy be sent to opposite side and learned trial court. (DR.VINEET KOTHARI), J. item no.6 baweja/-