MADAN LAL Vs. ANJU BANG

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 31.10 2011 passed by the trial Court, whereby, the petitioner's application under Order 10, Rule 1 Code of Civil Procedure has been rejected.

(2.) The petitioner filed a suit tor declaration and cancellation of sale deed, which was responded to by defendants No.1 and 2; where after the present application was filed by the petitioner seeking a direction for examination of defendants by the Court under Order 10, Rule 1 CPC.

(3.) The application was resisted by the defendants and the trial Court after hearing the parties came to the conclusion that there were several such aspects in the case, whose disposal can only be done after issues are framed and evidence is recorded and on account of the said situation as the application under Order 8, Rule 9 Code of Civil Procedure has also been allowed, it was not justified to examine the defendants and, consequently, dismissed the application.