SMT. KAMLA DEVI Vs. RAJENDRA KUMAR AND ORS.

JUDGEMENT

(1.) By this petition, a challenge has been laid to the order dated 14th Sept., 2012, whereby the Additional District & Session Judge (Fast Track) No.2, Beawar has dismissed an application filed by the petitioner-defendant no.1 (hereinafter the defendant no.1) in the suit for cancellation of sale deed dated 7th Oct., 1995 filed by the respondents no. 1 to 6 as plaintiffs (hereinafter the plaintiff).

(2.) The facts of the case are that the plaintiffs filed a suit for cancellation of sale deed dated 7th Oct., 1995. On notices on the suit, the written statements were filed by the defendant no.1. Defendants no. 2 and 3 (respondents no. 7 and 8 herein), who are mother and brother of the plaintiffs Rajendra Kumar and Narendra Kumar also filed their written statement and supported the case of the plaintiffs admitting to the entire case in the suit filed by the plaintiff and praying that the reliefs prayed for in the suit be allowed and the suit be decreed.

(3.) Issues were framed. The plaintiffs having completed their evidence, the defendant no. 1 moved an application under Sec. 151 of Code of Civil Procedure before the trial court praying that the defendants no. 2 and 3 who were fully supporting the case of the plaintiffs be first examined. It was stated that the defendant no.1 is the only true contesting party in the suit and would be able to rebut all evidence in support of the cancellation of sale deed only after all evidence in support of the plaintiffs' case was taken on record. It was submitted that if the defendant no.1 was required to lead his evidence first and defendants no. 2 and 3 thereafter, the said defendants no. 2 and 3 supporting the plaintiffs could modulate their evidence as warranted to the gross prejudice of the defendant no.1. The trial court by the impugned order dated 14th Sept., 2012 however dismissed the application under Sec. 151 of Civil Procedure Code. Hence, this petition.