Heard Shri Amit Manohar, learned counsel for the petitioner and Shri Gajendra Pratap Singh, learned Senior Counsel assisted by Shri Siddhartha Srivastava and Shri Manoj Kumar, learned counsel for the respondent no.3.

2. The applicant invoking the supervisory power of the High Court under Article 227 of the Constitution of India submits that the court below has committed material illegality in exercise of its jurisdiction.

3. The facts in brief are that an original suit no. 982 of 2001 was filed on 20.8.2001 for declaration that the sale deed dated 2.8.2001 executed in favour of the defendant with regard to plot no. 6/2/72 situated in Vaishali, Ghaziabad, registered on 3.8.2001 is a forged and void document. The respondent no.3 Ramphool was impleaded as defendant. The plaint case is that from the inspection of the office record of Ghaziabad Development Authority, Ghaziabad, it transpired that the sale deed executed on 2.8.2001 does not contain the signature of the executor i.e. Secretary of Ghaziabad Development Authority, Ghaziabad and the signatures existing therein are forged. A First Information Report has also been lodged for forgery of the document. It is averred that the