GULABCHAND JAIN Vs. KHUSHAL CHAND

JUDGEMENT

(1.) This revision petition has been preferred by the defendants, aggrieved by the order of refusal to the cross-examination of the respondent-plaintiff No. 1, on the affidavit filed by him in support of his application under O. 39, Rr. 1 and 2 of the Code of Civil Procedure (for short "the Code").

(2.) The plaintiffs have filed a suit for partition of the immovable property of undivided Hindu Family, wherein an application under O. 39, Rr. 1 and 2 was also filed, restraining the defendants from alienating the family properties.

(3.) The defendants-petitioners filed an application under O. 19, Rr. 1 and 2 C.P.C., submitting therein that the cross-examination of deponent was necessary, as an affidavit was filed by the plaintiff-respondent, No. 1 Khushalchand, in the ceiling proceedings, wherein he stated that he is the sole owner of the land in village Perkhedi, though that land is also included in the suit properties.