MD. AFROZ Vs. JOHRA KHATOON

JUDGEMENT

(1.) THE present writ petition has been preferred against the order passed by learned Munsif, Ranchi dated 10th February, 2011 in Title Suit No. 246 of 2007, whereby, the application given by the Petitioner (original Defendant) under Order XVI Rule 2 of the Code of Civil Procedure for issuance of summons upon two witnesses, who have signed the gift deed upon which the whole case of the Defendant is based, has been rejected by the trial court.

(2.) LEARNED Counsel for the Petitioner (original Defendant) submitted that the Title Suit No. 246 of 2007 has been instituted by the Respondent for declaration that the gift deed dated 14th August, 1995 executed in favour of the present Petitioner, is null and void. The original Defendant is relying upon the said gift deed and, therefore, the application was given for examination of two witnesses, who have signed the said registered gift deed. For no justifiable reasons, the application preferred by the original Defendant under Order XVI Rule 2 of the Code of Civil Procedure has been rejected and, therefore, the order passed by the trial court deserves to be quashed and set aside and the two witnesses, who are referred in the application given by the original Defendant under Order XVI Rule 2 of the Code of Civil Procedure especially in paragraph 2 thereof, may be summoned to give their evidences before the trial court so that the correct fact may be brought on record and the dispute can be decided, accurately.

(3.) IT is also submitted by learned Counsel for the Petitioner that over and above this attempt, they have served a copy of this writ petition along with annexures upon the counsel of the original Plaintiff, who has appeared in the trial court.