JUDGMENT - H.H. KANTHARIA, J.:---The short question that arises in this civil revision application filed under section 115 of the Civil Procedure Code, is as to on whom the burden of proof lies of the statements/averments made by him/her in his/her pleadings.

2. The respondent (Original plaintiff) filed S.C. Suit No. 1228 of 1978 in the City Civil Court, Bombay, against the petitioner (original defendant ) for possession of certain restaurant business alongwith certain moveable properties as also the premises in which the said business is carried on and payment of certain sum of money together with damages or mesne profits at certain rate and for accounts. In the said suit her pleading in para 1 of the plaint is as under :---

"The plaintiff is the daughter of one Ramayya Shetty who died intestate at Bombay on 4th August, 1977, leaving him surviving plaintiff as his only heir and legal representative."

To this pleading the petitioner replied by his written statement vide para 2 thus :---

"The defendent further submits that the plaintiff has no cause of action insasmuch as the plaintiff is not the heir and legal representative of one Ramayya Dassu Shetty, the plaintiff being an illegitim

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