KAVI GHEI Vs. ROHIT VAID

JUDGEMENT

(1.) BY this order, I propose to decide the present application filed by the plaintiff under Section 151 CPC for expunging/deleting the cross -examination of DW -1 and DW -2 by the defendant No.3.

(2.) IN the present suit, the defendant No.4 was examined and discharged, vide order dated 13.11.2011. Admittedly, DW -3 tendered his evidence by way of affidavit as Ex.DW -3/A before the Joint Registrar on 19.04.2011. His cross -examination was deferred at the request of the learned counsel for the plaintiff. After examination of DW -4, when DW -3 was present on 30.11.2011, a statement was made by the learned counsel for the plaintiff that he would cross -examine this witness after the cross -examination by defendants No.1 and 2. Thereafter, the matter was listed before Court to resolve the said controversy.

(3.) THE case of the defendants No.1 and 2 is that the plaintiff was not ready and willing to perform his part of the agreement and he in fact wanted to sign a new Sale Agreement for a Rs.2 crores through cheque and rest of the money was not shown towards the sale of property. The agreement to sell was cancelled under these circumstances by the defendants No.1 and 2. They submit that the sale deed dated 21.04.2004 is a valid and legal document and the suit property was validly sold to defendant No.3.