(1.) Heard learned counsel for the parties.
(2.) The present application has been filed against the order dtd. 16/9/2017 passed in Title Suit No. 1482 of 2013 passed by learned Sub-Judge-VII, Muzaffarpur whereby and whereunder the learned Trial Court allowed the petition of plaintiff to expunge the evidence of P.W.-3, Padma Raman Pathak, who died after his examination-in-chief and part cross-examination.
(3.) The facts, in brief, are that the petitioner/plaintiff filed a suit bearing Suit No. 1482 of 2013 for declaration that the Sale Deed No. 8233 dtd. 19/3/2013 is void, fraudulent, illegal, inoperative and without consideration and has not confer any title or interest to the defendant/respondent over any part of the suit property described in Schedule-1 of the plaint.