Mr. A.N. Jindal, J.: - This petition assails an order dated 06.02.2012 passed by the trial Court, allowing the application filed by the defendants-respondents for striking off the evidence (examination-in-chief) of Dr. Rajesh Vergiya (PW- 5), Dr. Jagjit Singh Ahuja (PW-6), Dr. Kiran Bala (PW-7) and Jeet Singh (PW-8).

2. Plaintiff-petitioner (hereinafter referred as ‘the petitioner’) filed a suit for declaration claiming herself to be a joint owner to the extent of 1/3rd share in the suit land and also for permanent injunction restraining the defendants from transferring the property in any manner. The suit was contested by the defendants-respondents (hereinafter referred as ‘the respondents’). The trial Court, vide order dated 04.03.2008 had framed the following issues:-

“1. Whether the plaintiff is co-sharer in joint possession of 1/3rd share of suit land? OPP

2. Whether plaintiff is entitled for declaration as prayed for? OPP

3. Whether plaintiff is entitled for permanent injunction as prayed for? OPP

4. Whether suit is not maintainable in present form? OPD

5. Whether suit is false, frivolous and defendants are entitled for special costs? OPD

6. Whether plaintiff has not