Raj Mohan Singh, J. - (1.) CM No.18310-C of 2016 After hearing learned counsel for both the parties, the application is allowed. Accompanying documents are allowed to be placed on record. Main case Petitioners have assailed order dated 18.05.2015 (Annexure P-6) passed by Civil Judge (Jr. Divn.), Hisar whereby application of taking off affidavit of Jagat Pal moved by defendant was allowed and the plaintiffs were restrained from examining PW Jagat Pal in the rebuttal evidence.
(2.) Brief facts of the case are that the plaintiff/petitioners filed a suit for pre-emption of agricultural land situated in the revenue estate of village Dhobhi, Sub-Tehsil Balsamand, Distt. Hisar on the ground of tenancy.
(3.) Trial Court passed order dated 16.05.2012 framing the following issues:- "1. Whether the plaintiffs have been cultivating the land in suit as tenants on the date of sale and continues as such? OPP 2. Whether the plaintiffs have a superior right of Pre-emption? OPP 3. Whether the sale price of Rs. 19,50,000/- was actually paid and fixed in good faith? OPD 4. If issue No.3 is not proved what is the market value of the suit land on the date of sale? Onus on the parties. 5. Whether the suit is not maintainable in the present form? OPD 6. Whether the plaintiff have relinquished their rights of tenancy in favour of defendants, if so to what effect? OPD 7. Whether Ram Kumar cultivated the land in suit as a tenant, if so to what effect? OPD (Ram Kumar defendant). 8. Whether the suit is bad on account of non-joinder of necessary parties. OPD 9. Relief. ";