KHEM CHAND Vs. SHAMBHU DUTT

JUDGEMENT

(1.) THE petitioners � plaintiffs are aggrieved by the order dtd.14.7.2011 passed by the learned Additional Dist. Judge (Fast Track) No.2, Jodhpur Metropolitan in Civil Suit No.63/2000� Khem Chand and ors. V/s Shambhu Dutt and ors. whereby on the application filed by the plaintiffs under Order 22 Rule 2 C.P.C. for deleting the name of defendants Madan Mohan and Suraj Kaur from the array of defendants, father and mother of the plaintiff Khem Chand who claims interest in the suit property on the basis of Will executed by Suraj Kaur in favour of Madan Mohan and Madan Mohan in favour of present � plaintiff Khem Chand. The suit has been filed by the plaintiffs for cancellation of sale-deed in favour of Shambhu Dutt by Suraj Kaur and Madan Mohan.

(2.) THE learned counsel for the plaintiffs � petitioners, Mr. Vijay Vyas submitted that the learned court below in the impugned order while allowing the cross-objection of the plaintiffs upon enquiry under Order 22 Rule 2 C.P.C. has permitted the questions to the defendants' counsel about validity of the Will in question, which is likely to prejudicially affect the plaintiffs and therefore, such questions could not have been permitted in cross-examination.