RAMHET Vs. RAMPYARI

JUDGEMENT

(1.) The petitioners have filed this petition under Article 227 of the Constitution of India, aggrieved by the order dated 21.8.2008, passed by the Civil Judge, Class-II, Sabalgarh, District Morena in Civil Suit No. 66-A/ 2006, whereby allowing the application for taking on record statement of Rampyari Bai, the plaintiff recorded in another Civil Suit No. 41 -A/05 but rejected the prayer for further cross-examination of plaintiff Rampyari Bai on the basis of her statement.

(2.) Brief facts of the case are that the present suit has been filed by one Rampyari Bai against the petitioners/defendants for declaration and injunction. Similarly, another suit has been filed by the defendants for declaration and injunction which has been registered as presently new No. 41 -A/05. In the present case, the petitioners/defendants filed a certified copy of the statement of Rampyari Bai, which has been recorded and completed on 3.5.2008. Similarly, in the present case, her statement has been completed on 19.2.1998. Thereafter, the petitioners/defendants filed an application under Order 18 Rule 17 of CPC and filed certified copy of the statement of plaintiff Rampyari Bai recorded in the aforesaid another suit and prayed for further cross-examination on Rampyari Bai in the present case. The learned trial Court by impugned order partly allowed the application, taken the certfied copy of the statement of Rampyari Bai on record but rejected the prayer of the defendants for further cross-examination of Rampyari Bai. Therefore, aggrieved by only that part of the impugned order, the petitioners/defenants came up before this Court by this writ petition.

(3.) Learned counsel for the respondents supported the impugned order and prayed for dismissal of the petition.