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1985 Supreme(Bom) 239

S.W.PURANIK
Mandabai Ramkrishna Tumsare & others – Appellant
Versus
Ramlal Hiramanji Hiwarkar & others – Respondent


JUDGMENT - PURANIK S.W., J.: - An important question regarding the procedure to be adopted while recording evidence of the parties in a civil suit and the order in which cross-examination of witnesses is to be recorded, has been raised in this revision.

2. The applicants are original defendants 1 to 5 in Civil Suit No. 112 of 1976 on the file of Civil Judge, Junior Division, Saoner. Non-applicant No. 1 is the original plaintiff, while non-applicants 2(a) to 2(c) are the legal representatives of original defendant No. 6.

3. To appreciate the contention raised on behalf of the applicants, it would be necessary to briefly narrate the facts :

The plaintiff filed a suit for declaration and possession against the applicants-defendants 1 to 5. It was the case of the plaintiff that he purchased a portion of the suit house from Chirkut-original defendant No. 6 and that he placed the Plaintiff in possession of the same. It is further alleged by the plaintiff that he permitted defendants 1 to 3 to occupy one room out of the said house. However, according to the plaintiff, defendants 1 to 5 forcibly occupied the suit portion and removed the plaintiff's movable articles described in the suit sch















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