BINATA MITRA Vs. TANISHA MITRA

JUDGEMENT

(1.) The present revisional application arises from a suit filed by the present petitioner, primarily for declaration that a purported deed of gift dated April 2, 2011 is void and be delivered up and cancelled, for perpetual injunction restraining the defendants and their men and agents from transferring, alienating and/or creating any third-party rights over the suit property and for ancillary reliefs.

(2.) In the said suit, the defendants/opposite parties filed an application under Order XVIII Rule 16 of the Code of Civil Procedure, for examination of one Hiranmoy Nag, an alleged witness of the said deed of gift, immediately, before the other witnesses. The defendants are also contesting the suit by filing a written statement.

(3.) The plaintiff/petitioner contested such application.