Shree Chandrashekhar, J. - (1.) Aggrieved of order dated 01.10.2010 passed in Title Suit No. 10 of 2004 by which the application filed by defendant No. 3 for his reexamination has been declined, he has approached this Court.
(2.) By an order dated 19.01.2011 operation of the impugned order dated 01.10.2010 passed in Title Suit No. 10 of 2004 was stayed by this Court.
(3.) Title Suit No. 10 of 2004 was instituted for a decree of declaration of joint right, title, interest and possession of the plaintiff and defendant Nos. 3 to 7 over schedule "B" properties and for a direction to defendant No. 1 to transfer schedule "B" lands in favour of the plaintiff. The plaintiff has claimed that his father purchased 15 katha 11 dhur land in the year 1986 from Uma Rani Basistha through a registered sale deed in the name of Bishun Prasad Saha, however, the property remained in joint possession of the plaintiff's family, and some construction upto plinth level was made on the suit property. In the mean time, defendant No. 3 sold 1254 sq.ft. of Basuri land out of the aforesaid land purchased by the plaintiff's father on 17.06.1986. This is schedule "B" property. In the pending suit two amendment applications were filed which were allowed. The sale deeds dated 13.07.1988 and 19.03.1997 were marked during the trial. Thereafter, an application for amendment was filed by the plaintiff by which the plaintiff intended to delete the date of sale deed from the plaint for inserting the date as 19.07.1998 and to plead that sale deed dated 13.07.1988 executed by Bishun Prasad Saha was forged, fabricated and void abinitio. An application was filed by defendant No. 3 for examining himself during the trial.;