S.B. Civil Writ Petition No.5199/2007 DATE OF ORDER : - 12.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.RK Thanvi,for the petitioner. <><><> Learned counsel for the petitioner submitted that the petitioner's application under Order 9 Rule 13 CPC was rejected by the trial court and appeal was also dismissed and thereafter, in regular appeal preferred against the decree was allowed by the first appellate court and, therefore, the decree itself has been set aside. In view of the above, the present writ petition has become infructuous. Hence, the writ petition of the petitioner is dismissed as having become infructuous. However, it will be open for the petitioner to file writ petition against the impugned orders in case the appeal of the plaintiff is allowed by second appellate court and the original decree is restored if petitioner can challenge the impugned orders even after decision of second appeal against him. It is also made clear that this will not no bar for raising the point in the regular appeal by the petitioner. (PRAKASH TATIA), J. c.p.goyal/-