AKHILESH SINGH Vs. KRISHAN BAHADUR SINGH

JUDGEMENT

(1.) A suit was filed for specific performance of agreement dated 17.01.2017 and declaring the sale deed dated 15.03.2013 and 17.04.2013 executed in favour of defendants No.4 and 5 to be null and void to the extent of 25% share of plaintiff and permanent injunction against the defendants. The petitioner herein is the original defendant No.6. He moved an application under Order 18 Rule 17 of the Code Civil Procedure, 1908, seeking recall of D.W.-1 for his cross-examination by defendant No.6, as according to the petitioner, defendant No.1 (D.W.1) has given the statement contrary to his affidavit and the same is against the interest of defendant No.6's claim and would have adverse effect on his case.

(2.) The application is opposed by respondent No.1/plaintiff.

(3.) The sum and substance of the objection was that one co-defendant cannot be permitted to cross-examine the other defendant. It was further objected that the provisions under Order 18 Rule 17 of the C.P.C. would not be applicable in the present case.