JUDGMENT

C.A.V. On : 13.12.2023

Pronounced On : 20.12.2023

The present writ petition under Article 227 of Constitution of India has been filed against the order dated 27.05.2015 passed by learned Civil Judge (Senior Division)-III, Giridih in T.S. No. 61/2007, whereby and whereunder the petition dated 15.09.2014 of petitioners / defendant nos. 1 to 4 was rejected on the ground that prayer of the petitioners / defendant nos. 1 to 4 to begin cross- examination of plaintiff’s witnesses at first instance by the defendant nos. 9 and 10, who are supporting the plaintiff’s case inasmuch as the defendant nos. 1 to 4 could not compel other defendants to cross-examine the plaintiff’s witness first.

2. One Chand Mull Jain (respondent no. 1) / plaintiff filed a Title Suit No. 61/2007 for declaration of his right, title and interest and confirmation of possession of Schedule-B property to the plaint and also for perpetual injunction restraining the principal defendant from his peaceful possession and enjoyment and also for recovery of possession, if found dispossessed. It was also prayed that the sale deed dated 21.12.2006 executed by defendant nos. 2, 3 & 4 (Smt. Santosh Jain, Smt. Nilu Jain and S