MANPHOOLI DEVI Vs. KANHIYA LAL

JUDGEMENT

(1.) THE present petition has been filed by the petitioners, who are original defendant Nos. 5 to 8, 10 and 11, challenging the order dated 7.3.2006 passed by the Addl.District and Sessions Judge, Sambhar Lake (hereinafter referred to as the "trial court"), whereby the court has rejected the application of the petitioners filed under Order XVI Rule 21 read with Section 151 of CPC.

(2.) THE present respondents No. 1 to 3 (original plaintiffs) have filed the suit seeking specific performance of the agreement against the petitioners and the respondent Nos 4 to 7 (original defendants No. 1 to 4) in respect of the land bearing Khasra No 208/5 situated at village Jaichand Ka Bas, Tehsil-Fagi District-Jaipur. In the said suit, all the defendants have filed joint written statement denying the allegations made in the plaint, and while admitting that the defendant Nos 1 to 4 had executed an agreement dated 4.11.1982 to sell the land in question to the plaintiffs, they have contended that the said agreement was subsequently cancelled and thereafter the defendants No. 1 to 4 had sold out the said land through different sale deeds dated 4.1.85, to the defendants No. 5 to 8. The trial court after framing issues had proceeded with the trial. The plaintiffs completed their part of evidence and thereafter the suit was fixed for recording the evidence of the defendants. The suit was adjourned from time to time for the evidence of the defendants, however the petitioner no.4 (original defendant No.8) submitted an application under Order XVI Rule 21 read with Section 151 of CPC requesting the court to summon the respondent No.5 (original defendant No.2) Rambihari and one Shri Suresh son of Shri Umashankar as witnesses. The said application has been rejected by the trial court vide the impugned order dated 7.3.2006, against which the present petition has been filed.