- (1.) INVOKING supervisory jurisdiction of this Court under Article 227 of the Constitution of India, the petitioners have prayed for setting aside order dated 22.10.2012 passed by the court of Civil Judge, Amloh whereby opportunity to cross examine two witnesses already examined was declined.
(2.) RESPONDENT No.1 had filed a suit for possession by way of specific performance of an agreement dated 21.7.2001 executed by respondent No.2 in her favour pertaining to land measuring 39 bighas 1 biswas as per details in the suit, and declaration was also sought to the effect that the sale deed dated 11.3.2002 executed by respondent No.2 in favour of respondent No.3 and subsequent sale deed of 6.11.2002 executed by respondent No.3 in favour of the petitioners are false, fabricated, fake and being paper transaction were illegal and void ab initio. Consequential relief of permanent injunction was also sought restraining the defendants from selling, mortgaging or otherwise creating any type of charge on the suit property in any manner.
(3.) ISSUES in this case were framed on 4.12.2011, wherein issue No.6 inter -alia was as under: - "Whether defendant No.2 is bona fide purchaser for value without notice on the basis of Sale deed dated 6.11.2002 from defendant No.1? OPD" During the pendency of the suit, when it was almost reaching conclusion of adjudication, defendants No.3 to 10 had sought an adjournment before the trial court for filing an application for amendment of the issues, but they did not do so. Thereafter, on failure of defendants No.3 to 10 to file such application, the plaintiff filed an application inter -alia under Order IVX Rules 1, 2 and 5 CPC for deleting issue No.6 and for framing another issue so as to incorporate the plea of bona fide purchasers taken up by defendants No.3 to 10. An application was filed. Deleting earlier issue No.6, new issue No.6 was framed, as under: - "Whether the defendant No.3 to 10 are bonafide purchasers for valuable consideration without notice of rights of the plaintiff and their rights are protected u/s 41 (h) of Specific Relief Act? OPD";