MOHAMED ZIAULLA Vs. SORGRA BEGUM

JUDGEMENT

(1.) THIS civil revision under Section 115, Civil Procedure Code is directed against the order of the Additional City Civil Judge, bangalore allowing LA. 20 filed by the first defendant for permission to cross-examine defendant 2 who is examined as d. W. 1.

(2.) PLAINTIFF has filed a suit for specific performance of agreement of sale alleging that the defendants who are sister and brother have executed the same. In the defence filed by defendant 2, it is contended that he is the general power of attorney holder of defendant 1 which fact is disputed by the first defendant. Defendant 1 has denied the claim of the plaintiff that she has also joined hands with defendant 2 in execution of agreement of sale consideration.

(3.) AFTER the evidence of the plaintiff was closed, defendant 1 filed an application praying permission to examine herself after the evidence of defendant 2. The Trial Court has permitted her to do so. Thereafter, defendant 2 was examined as D. W. 1 and cross-examined by the plaintiff. At that stage, defendant 1 prayed for permission to cross-examine D. W. 1 on the grounds that there is conflict of interest in the defence of the defendant and that defendant 2 has colluded with the plaintiff in order to snatch a decree. The Trial Court having regard to these facts has permitted the first defendant to cross-examine defendant 2 i. e. , d. W. 1. But, to safeguard the interest of the plaintiff, Court has secured the questions from the first defendant's Advocate in a sealed cover and allowed the application with costs of Rs. 100/ -. The legality of the order is questioned in this revision.