IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 6.3.2009. S.B. CIVIL WRIT PETITION NO.8423/2008 HON'BLE MR. JUSTICE DALIP SINGH Shri J.P. Goyal, for the petitioner. Shri Ajay Goyal, for the respondent. Heard learned counsel for the petitioner. In this writ petition the petitioner has challenged the order dated 28.7.2008 by which the application under Order 7 Rule 14 (3) CPC has been dismissed. The said application appears to have been filed in May 2008. The suit was filed as early as in the year 1997 and the plaintiff's evidence was closed in the year 2003 and the suit was fixed for the evidence of the defendant who which had filed the affidavits of the witnesses. In the facts and circumstances therefore I find no good ground to interfere in writ jurisdiction under Articles 226 and 227 of the Constitution of India. As the learned court below by the impugned order has not committed any jurisdictional error by dismissing the application filed by the plaintiff. This court is deliberately avoiding any reference to the merits of the contentions as it may prejudicially affect the rights of the parties. In the facts and circumstances of the present case this writ petition is dismissed summarily. The interim order stands vacated. (DALIP SINGH),J. Ramchandrkhatri,PS