RAGHURAJ SINGH Vs. KEDAR SINGH

JUDGEMENT

(1.) By invoking the jurisdiction of this Court under Article 227 of the Constitution, the petitioners have challenged the order dated 6.7.2012, whereby the applications preferred by the petitioners/ defendants under Order 16 Rule 2, CPC and under Order 16 Rule 6 CPC, are rejected.

(2.) The matter is arising out of a civil suit instituted by respondents No.1 and 2/plaintiffs for declaration, injunction and for declaring the partition deed dated 6.1.2005 as illegal. It is alleged in the plaint that the defendants made the plaintiff No.1 to execute registered partition deed dated 6.1.2005 by playing fraud. The defendants filed their written statement and denied the averments. After completion of the evidence, defendants preferred aforesaid application for calling original record of registered partition deed from the office of Sub-Registrar and moved another application for calling the writer and stamp vendor of partition deed as defence witnesses. By impugned order these applications were rejected by the court below on the following grounds:-

(3.) Shri Vikas Singhal, learned counsel for the petitioners, submits that the order passed by the court below is based on hyper-technicality and runs contraty to Chotelal vs. Sodarabai and another, 2005 4 MPLJ 580.