MUBARAK HUSSAIN Vs. SUBHAM PLANNERS PVT. LTD.

JUDGEMENT

(1.) Heard Mr. S B Rahman, learned counsel, appearing for the petitioner. Also heard Mr. D Baruah, learned counsel, appearing for the respondent. The respondent, as plaintiff, instituted T.S. No. 152 of 2012 against the petitioner/defendant, in the court of the learned Civil Judge No. 1, Kamrup, Guwahati, seeking a decree for declaration and cancellation of the alleged sale deed, agreement for sale, power of attorney and also for partition of the suit property (Schedule -B land), recovery of khas possession and permanent injunction.

(2.) In the said suit, the plaintiff, by seeking a temporary injunction, filed an application under Order 39, Rules 1 & 2 of the Code of Civil Procedure (for short CPC). The said application for injunction has been supported by an affidavit.

(3.) The contesting opposite party/defendant No. 15 i.e. the present respondent, by filling an application under Order 19 Rule 2 read with Section 151 CPC, prayed for permission for cross-examining the deponent of the said affidavit, who was the attorney of the plaintiff petitioner (respondent in the petition).