SURESH KUMAR Vs. JAKIR HUSSAIN

JUDGEMENT

(1.) This petition has been preferred under Article 227 of the Constitution of India against the order dtd. 5/1/2023 (annexure P-6) passed in Civil Suit No.14/11 by 3rd Civil Judge, Senior Division, Ratlam whereby the trial court dismissed the application of the petitioner and respondent Nos.15, 17 and 18 filed under Sec. 151 of CPC for grant of permission for cross-examination of respondent No.14.

(2.) Brief facts of the case is that respondent No.1 filed a civil suit for declaration, permanent injunction and other reliefs regarding 5 Bigha land of Survey No. 439 and 440, Village-Jaora, Distt. Raltam against the petitioner and other respondents (annexure P-1).The petitioner and respondent No. 15, 17 and 18 has filed joint written statement and denied the suit. The written statement is Annexure P-2. The respondent Nos.7 and 14 also filed a joint written statement i.e. Ex.P-3. The respondent No.14 was examined before the trial court and gave statement against the petitioner and respondent Nos.15, 17 and 18, therefore, petitioner filed an application under Sec. 151 of CPC for grant of permission cross-examination of respondent No.14.

(3.) Respondent No.1 filed a reply and after hearing the learned counsel for both the parties, trial court vide order dtd. 5/1/2023 dismissed the aforesaid application on the ground that the written statement filed by the petitioner and respondent Nos.15, 17 and 18 are not contrary to the written statement filed by respondent No.14.