Sunil Dutta Mishra, J. – Heard learned counsel for the parties.

2. The present application has been filed against the order dated 16.09.2017 passed in Title Suit No. 1482 of 2013 passed by learned Sub-Judge-VII, Muzaffarpur whereby and whereunder the learned Trial Court allowed the petition of plaintiff to expunge the evidence of P.W.-3, Padma Raman Pathak, who died after his examination-in-chief and part cross-examination.

3. The facts, in brief, are that the petitioner/plaintiff filed a suit bearing Suit No. 1482 of 2013 for declaration that the Sale Deed No. 8233 dated 19.03.2013 is void, fraudulent, illegal, inoperative and without consideration and has not confer any title or interest to the defendant/respondent over any part of the suit property described in Schedule-1 of the plaint.

During the trial the plaintiffs brought on Padma Raman Pathak (P.W.-3) whose examination-in-chief was filed on 23.05.2017 thereafter the defendant partly cross-examined the said witness and it was deferred for further cross-examination but unfortunately the said witness died which was informed to the Court. The defendant filed a petition dated 11.07.2017 with a prayer to expunge the evidence of P.W.