ORDER

With the consent of the parties the matter is finally heard.

1. The present petition has been filed assailing the order dated 16.9.2019, passed in RCS No.41A/2018, by First Civil Judge Class-II, Pipariya, District Hoshangabad; whereby, the application filed by the petitioners under Order 3 rule 1 of CPC seeking permission to record the evidence through his registered Power of Attorney i.e. his son Shusheel Kumar Sharma was rejected.

2. It is submitted that the petitioners/plaintiffs filed a civil suit for declaration of title and permanent injunction with respect to the suit property bearing Khasra No.96, Area being 8.36 Acres against the respondent No.1, which is a joint property of a Hindu Undivided Family, but the Survey No.96/1, Area being 1.529 Hectares out of the said property has wrongly been registered in the name of the respondent No.1/defendant No.1. He has also sought the relief of permanent injunction to restrain the respondent No.1 to alienate or transfer the said property in some other names. On summons being issued, the respondent No.1/defendant No.1 appeared in the civil suit and filed the written statement denying all the averments and has further taken a ple