MANMOHAN SINGH, J.

1. By this order, I propose to decide the present application filed by the plaintiff under Section 151 CPC for expunging/deleting the cross-examination of DW-1 and DW-2 by the defendant No.3.

2. In the present suit, the defendant No.4 was examined and discharged, vide order dated 13.11.2011. Admittedly, DW-3 tendered his evidence by way of affidavit as Ex.DW-3/A before the Joint Registrar on 19.04.2011. His cross-examination was deferred at the request of the learned counsel for the plaintiff. After examination of DW4, when DW-3 was present on 30.11.2011, a statement was made by the learned counsel for the plaintiff that he would cross-examine this witness after the cross-examination by defendants No.1 and 2. Thereafter, the matter was listed before Court to resolve the said controversy.

3. Few facts as per plaintiff’s averments are that the defendants No.1 and 2 agreed to sell the suit property to the plaintiff for a sum of Rs.3,22,50,000/-. Certain payments were made and agreement to sell was executed on 21.03.2004. The time period for the performance of the terms of the agreement to sell dated 21.03.2004 was up to 15.05.2004. Later on, the plaintiff r