1 SB Civil Writ Petition No.2608/2009 Sant Kumar. vs. Hemchand & Ors. S.B. Civil Writ Petition No.2608/2009 Sant Kumar. vs. Hemchand and others. Date : 30.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.S Purohit, for the petitioner. - - - - - Heard learned counsel for the petitioner. The petitioner was granted permission to produce the witnesses on payment of costs of Rs.200/- by order dated 4.2.2009, then on next day on 17.2.2009, the witnesses were not present and it has been stated that the witnesses went out of the station because of their personal work. The court observed that more time has been granted already to the plaintiff for producing the witnesses but has not been produced. Be it as it may be, the trial court fixed the date for evidence of the defendant on 23.3.2009. This writ petition has been submitted by the petitioner on 24.3.2009, a day after the next date fixed by the trial court and the trial court gave the date of 2 SB Civil Writ Petition No.2608/2009 Sant Kumar. vs. Hemchand & Ors. more than one month. Learned counsel for the petitioner submitted that the first certified copy obtained by the petitioner was lost in transit and, therefore, he obtained second copy and filed the present writ petition. Since the petitioner/plaintiff himself was negligent in pursuing the writ petition, there is no reason to interfere under Article 227 of Constitution of India, looking to the conduct of the petitioner. In view of the above, the writ petition of the petitioner is hereby dismissed. However, since the order has not been upheld on merit, therefore, the petitioner will be free to challenge the impugned order in appeal in case any occasion arises for the petitioner to do so. (PRAKASH TATIA), J. S.Phophaliya