LOKNATH Vs. LEKHRAM SAHU

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been brought seeking indulgence of this Court in quashing the impugned order dated 01.05.2018, passed by the Court of District Judge, Bemetara, District Bemetara in Civil Suit No.3-A/2013.

(2.) It is submitted by the learned counsel for the petitioners that the petitioners are defendants No.1, 2, 13, 14, 15 and 16 in the civil suit mentioned herein above. The respondent No.11 has filed a civil suit praying for relief of partition of his share from the joint family property and for possession. The petitioners have filed written statement in which they have made admission of the claim of the plaintiff/respondent No.11, however, they have not admitted the quantum of the share and pleaded about their entitlement differently.

(3.) It is submitted that the respondent No.1 to 9 are contesting the suit. Respondent No.1 Lekhram Sahu, who is defendant No.3 has been examined in trial and cross-examined by the plaintiff side. The petitioners filed an objection, that the interest of the respondents No.1 to 9, who are defendants is adverse to the petitioners, who are also co-defendants, therefore, they may be given opportunity to cross-examine the witnesses of defendants No.3 to 11. This application has been dismissed by the impugned order.