Daya Kishan vs Nagar Palika, Bhadra & Ors on 15 March, 2010

              S.B.CIVIL WRIT PETITION NO. 2454/2008
                 (Daya Kishan vs. Nagar Palika & Ors.)
                    DATE OF ORDER : 15/3/2010

              HON'BLE DR.JUSTICE VINEET KOTHARI


Mr.T.C.Sharma, for the petitioner.
Mr.H.S.Siddhu, for the respondent.



      This writ petition is directed against the order dated 3/12/2007,
whereby, the plaintiff's application under Order 7 Rule 14 CPC has
been rejected by the court below in a suit filed for injunction against
the Municipal Board.
      Learned counsel for the Municipal Board has filed an
application under Article 226 (3) of the Constitution of India for
vacation of ex-parte stay order granted by this Court on 16/4/2008,
whereby, further proceeding in suit were stayed. Learned counsel for
the Municipal Board Mr. Siddhu submitted that the stay order has
resulted in serious prejudice as the Municipal Board wants to
construct shops over the public land and in view of the pendency of
the writ petition and stay order that work is held up.
      Learned counsel for the petitioner submits that the documents
in question were produced as soon as it became available to the
plaintiff petitioner and, therefore, the application has been wrongly
rejected by the learned court below.
      Having heard the learned counsels and in view of the reasons
given by the learned court below in the impugned order, this Court is
satisfied that the court below has not erred in rejecting the application
for taking on record the document which were filed belatedly. Such
documents could be very well obtained even before filing of the suit
itself as they were old documents.
      Accordingly, there is no force in the present writ petition and
the same is dismissed.

                                          (DR.VINEET KOTHARI), J.

item no. 31
baweja/-