1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.7264/2007. Krishan Kanhaiya. VERSUS Smt.Kailash Kukreja and Others. 06.04.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Prakash Thakuria, for the petitioner. None present for the respondents. ***** Heard learned counsel for the petitioner. The petitioner has challenged the impugned order dated 17.07.2007 by which the application filed by the petitioner for being permitted to examine the Commissioner sent for site inspection as a witness has been declined. Notices were ordered to be issued to the respondents by this court vide order dated 24.09.2007. However, the proceedings were not stayed and the matter is now at the final stage of hearing of the arguments as both the plaintiff and the defendant have already led their evidence. None has appeared in response to the notice sent by this court. In the facts and circumstances, therefore, rather than admitting the petitioner and staying the trial and 2 issuing fresh notice to the respondents, I deem it just and proper to direct that in case the suit filed by the plaintiff-petitioner is dismissed and he is aggrieved by the aforesaid decree, the petitioner would be at liberty to raise the aforesaid grounds relating to the rejection of his application vide order dated 17.07.2007 in any appeal that may be filed by him. Subject to the above, this writ petition stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.