PARMANAND GUPTA Vs. BHAGWATI DEVI

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order dated 14.9.2011 passed by the learned District Judge, Shivpuri in Case No. 6074/11.

(2.) THE respondent No. 1/plaintiff filed a suit for declaration and possession. The respondent No. 1, mother of petitioner, filed the aforesaid suit. It is alleged that petitioner has manufactured a power of attorney and on the basis of said fake power of attorney, sold some part of property to respondent No. 3. The present petitioner/defendant No. 1 filed the written statement and challenged the plaintiff's allegations. It is submitted that plaintiff herself executed power of attorney in favour of petitioner. The property was sold on the basis of a genuine and valid power of attorney. It is stated that the suit was filed on the pressure of plaintiff's sons Lalit and Harisharan because they have enmity with the petitioner.

(3.) IN the suit, plaintiff's evidence was already recorded. Thereafter, by application dated 9.9.2011 (Annexure P -6), the petitioner prayed that under Order 18 Rule 17 read with Section 151 CPC, the plaintiff be recalled and she be permitted to be cross examined. The said prayer was made on the ground that the plaintiff preferred a complaint which was enquired into by the police authorities and allegations of complaint were not found proved. The petitioner obtained these documents lateron and, therefore, she be permitted to cross -examine the plaintiff on the basis of said documents.