Jaswant Singh, J. - (1.) PETITIONER /Defendant has invoked the jurisdiction of this Court under Article 227 of the Constitution of India to assail the order dated 8.1.2011 passed by the learned trial Court whereby his application for opposing the summoning of civil record for the purpose of cross examination of Defendant's witness has been declined.
(2.) LEARNED Counsel submits that summoning of the civil record for the purpose of cross examining the witness of the Defendant is wholly illegal as it was incumbent upon the Respondent/ plaintiff to lead such an evidence in the affirmative. I am afraid, the argument raised by the learned Counsel is wholly misconceived. It is not disputed that Plaintiffs/Respondents 1 to 3 have filed a suit for declaration that they are joint owners in possession of the suit land with consequential relief of decree for separate possession by way of partition. They also sought a decree of permanent injunction restraining the Petitioners /Defendants from alienating, transferring or parting with possession. It is also not disputed that the record which has been summoned relates to the record of a reference petition and payment received by the parties. It is also not disputed that the said record has been summoned for the purpose of only cross examining the witness and not for leading any evidence of the Plaintiffs. It is also not disputed that the record relates to the suit land. It is also not disputed that the record has been summoned to confront the witness.
(3.) IN view of the above, I find no illegality or perversity in the impugned order which may warrant interference by this Court in exercise of its jurisdiction under Article 227 of the Constitution of India. Dismissed.;