IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 30 OF JANUARY, 2026 MISC. PETITION No. 461 of 2026 AMIT KUMAR SAHU Versus PAWAN ARORA AND OTHERS Appearance:

Shri Prahlad Choudhary-Senior Advocate with Shri Abhishek Patel-

Advocate for the petitioner [P-1].

ORDER The present petition has been filed challenging the order passed by the trial court whereby the trial court has rejected the application of the petitioner under Order 16 Rule 1 and 2 CPC.

2. The application was filed for summoning the notary who has notarized the questioned agreement to sell. The trial court has rejected the application on the ground that earlier this Court in MP No. 306/2024 has granted liberty to the defendants to cross examine only those plaintiff witnesses who had already been examined, but no liberty had been given to the plaintiff to examine any fresh witness and therefore the application cannot be allowed.

3. The basic facts leading to the aforesaid dispute are that the plaintiff had filed a suit for specific performance and in the said suit for specific performance, prior to filing written statement, the defendant had been proceeded ex parte and thereafter