LEELADHAR Vs. MOHAMMAD ISMAIL QURESHI

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The present petition is directed against the order dated 28.3.2017 passed by the Additional Civil Judge (Junior Division)/Additional Judge, Small Causes Court, Bareilly in Original Suit No. 222 of 2011 (Leeladhar v. Md. Ismail Qureshi) and the order dated 15.4.2017 passed by the District Judge, Bareilly in Civil Revision No. 23 of 2017 (Leeladhar v. Md. Ismail Qureshi).

(3.) The petitioner is plaintiff in the aforesaid suit which has been filed with the prayer to declare the agreement to sell (Muayedavay) dated 2.12.2010 as void document. The defendant/respondent is contesting the suit on the ground that Rs. 70,000/- was paid to the plaintiff at the time of execution of the agreement to sell dated 2.12.2010. The examination-in-chief of the plaintiff's witness PW. 3 Beem Sen was filed on an affidavit dated 26.3.2017. It appears that on 26.7.2017, he was cross-examined by the defendant's counsel. He was shaken and deposed in contradiction to what he had deposed in his examination-in-chief. As a result thereof, on 28.3.2017, an application 52C was moved by the plaintiff/petitioner with the prayer to recall the said witness. The said application 52C was dismissed vide order dated 28.3.2017 and affirmed in revision. Hence this petition.