SAROJ BALA Vs. DHANPATI DEVI

JUDGEMENT

(1.) Admit.

(2.) At request of learned counsel for the petitioner, the matter is taken up for final disposal as the respondents already stand proceeded ex parte on 08.04.2004 It may be noticed that the petition was originally registered as a revision petition, but was subsequently converted into a petition under Article 227 of the Constitution of India as per the order passed on 19.05.2006.

(3.) A suit was filed for declaration and injunction in respect of an agreement to sell dated 08.05.1981 stated to be executed by the defendants in the suit in favour of Smt.Saroj Bala and Mr. Duli Chand as not valid and binding and restraining the defendant from executing any sale deed in respect of the suit property. The petitioner herein is original defendant no.7. The defendant moved an application under Order 18 Rule 17 of the Code of Civil Procedure, 1908 (herein-after referred to as the said Code) seeking recall of DW1 for his cross examination by defendant no.7 as according to the petitioner the defendants no.1 to 6 on whose behalf defendant no.1 appeared had started supporting the original plaintiffs. This request has been declined in terms of the impugned order dated 01.07.2002.