SHASHIBALA Vs. VIRENDRA KUMAR

JUDGEMENT

(1.) By means of this petition, filed under Article 227 of the Constitution, petitioner has sought the following relief:-

(2.) Learned counsel for the petitioner, however, submits that petitioner is aggrieved by rejection of her application filed under Order 18 Rule 17 CPC by the Trial Court, as affirmed by Revisional Court. He submits that the Trial Court rejected the application under Order 18 Rule 17 CPC, vide order dtd. 16/8/2019 and the Revisional Court affirmed the said order, vide judgment dtd. 27/2/2021, rendered in Civil Revision No. 39 of 2019.

(3.) From the pleadings made in the writ petition, it is revealed that respondent filed a suit for partition, inter alia on the ground that he is co-owner in respect of the property in question, which was purchased jointly by a common sale deed in the name of plaintiff and defendant. The said suit was numbered as Civil Suit No. 128 of 2010. In the said suit, after crossexamination of plaintiff, petitioner moved an application under Order 18 Rule 17 CPC, seeking recall of the plaintiff for the purpose of cross-examination. In the said application, it was stated that plaintiff could not be cross examined on the question of his financial capacity to purchase the property and other attending circumstances, which were prevailing at the time of execution of sale deed.