// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.771/2005 With S.B. Civil Misc. Stay Application No.726/2005 {Ghanshyam Toshniwal Vs. Brij Behari} Date of Order ::: 28.08.2009 Present Hon'ble Mr. Justice Narendra Kumar Jain Ms. Manju Sharma, Counsel for petitioner Shri Amit Jindal, Counsel for respondent #### By the Court:- At request of learned counsel for the parties, the arguments were heard and writ petition is being disposed of finally. Defendant-petitioner has preferred present writ petition challenging the impugned order dated 9th November, 2004 passed by the Additional Civil Judge (Senior division) Tonk, whereby application filed by defendant under Order 14 Rule 4 read with Section 151 CPC, has been rejected. Submission of learned counsel for the petitioner is that the trial court committed an illegality in rejecting the application of the defendant wherein it was prayed that the plaintiff be directed to produce the relevant // 2 // record of his ownership over the property in dispute. It is further contended that the defendants filed their documents but the plaintiff has not filed any document in support of his suit, therefore, the suit be dismissed. Learned counsel for the respondent defended the impugned order and prayed for dismissal of the writ petition. I have considered the submissions of the learned counsel for the parties in the light of reasons assigned by the trial court in the impugned order while rejecting the application of the defendant. The trial court as observed that relevant issues have already been framed in the present case, therefore, the application under Order 14 Rule 4 CPC is not maintainable. Apart from above, the trial court has also considered the facts of the case and the contentions of the defendant-petitioner to the effect that the disputed house belongs to Purushottamdas. Issue No.2 has already been framed in this regard and burden of its proving has been place on the defendant. After considering all the facts and circumstances of the case, I find that the order passed by the trial court is fully justified and I do not find any illegality or irregularity in exercise of its jurisdiction so // 3 // as to interfere with the same under Article 227 of the Constitution of India. Hence, I do not find any force in any of the submissions of the learned counsel for the petitioner. The writ petition, being devoid of any merit, is hereby dismissed. Consequent upon dismissal of the writ petition itself, the stay application, filed therewith, does not survive and the same is also dismissed. Parties are left to bear their own costs. (Narendra Kumar Jain) J. //Jaiman//