SHUKUL SINGH Vs. BIRENDRA SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties and I intend to dispose of the present petition at the stage of admission itself.

(2.) The present petition has been filed under Article 227 of the Constitution of India against the order dtd. 3/3/2017, passed by learned Munsif-II, Hajipur (Vaishali) in Misc. Case No. 21 of 2000, whereby and whereunder the petition of the petitioner to examine respondent nos. 1 and 2 as witnesses has been allowed on payment of cost of ?100/-.

(3.) Learned counsel for the petitioner submits that Misc. Case No. 21 of 2000 was filed by the respondents along with the father of respondent no.1, Ramswaroop Singh against the petitioner for setting aside the decree passed in Title Suit No. 24 of 1998 on the ground of fraud. While miscellaneous case was pending, an application was moved on 18/2/2017, with prayer to examine the respondents who were the original petitioner nos. 2 and 3 in miscellaneous case since their evidence could not be recorded. Learned Trial Court allowed the application vide impugned order dtd. 3/3/2017.