REENA Vs. MAINA BAI

JUDGEMENT

(1.) With the consent of the parties, present petition is heard finally. The petitioner has filed this present petition being aggrieved by the order dated 06/05/2015, by which his application under section 151 of C.P.C seeking permission to cross-examine defendant no. 1 has been rejected.

(2.) That respondent nos. 1 to 3 being plaintiffs filed a suit for declaration, partition and possession of the suit property. In para 5 of the plaint, the plaintiff has stated that defendant no. 1 Ramaji has transferred the land being survey no. 166/2 area 4.807 hectors situated at Sindoda to defendant no. 5 Reena and further defendant no. 1 has mutated the land being survey no. 475 area 5.060 hectors in the name of Jayesh in the year 2009-10. Defendant no. 1 Ramji filed an affidavit by which, he has stated that plaintiff / defendant no. 2 and he himself are the real brothers and sisters. In para 4, he has stated that he is in exclusive possession of the suit land and the plaintiff and other defendants are not in possession and in cross-examination, he has denied the fact of mutation in favour of Reena, Jayesh and Nageshwar. In view of the above statement, defendant no. 5 (Smt. Reena) / present petitioner who is daughter-in-law of Ramaji / defendant no. 1 filed an application under section 151 of C.P.C alleging that there is collision between the plaintiff, defendant no. 1 and defendant no. 2 and because of which, they want to her take share in the suit property by way of the suit, therefore, she may be permitted to cross-examine defendant no. 1.

(3.) The said application was opposed by the plaintiffs and by the impugned order dated 06/05/2015, learned Civil Judge has rejected the application on the ground that there is no counter claim by defendant no. 5 and there is no provision in the law for cross-examination of one defendant by another defendant.