1. Rule, with the consent of the parties, made returnable forthwith and heard.

2. The issue which usually crops up as regards whose right is to begin in a suit has once again cropped up in the present proceedings.

3. The petitioner who is original defendant takes exception to the order dated 25th March, 2009 by which order, the trial Court, i.e. the learned Civil Judge, Senior Division, Pen has directed the defendant to step into the witness box and lead his evidence in the first instance. The petitioner also takes exception to the order dated 2nd September, 2009 by which the Review application filed by the petitioner came to be rejected.

4. Shorn of unnecessary details, a few facts can be stated thus: The respondents herein are the original plaintiffs who have filed Regular Civil Suit No. 114 of 2008 for partition and for declaration. It is the case of the plaintiffs that they have half share in the property mentioned in para 1-B of the plaint. The plaintiffs have therefore, sought partition and separate possession to the said extent. In the said suit, the defendant has filed his written statement and also a counter claim. It is the case of the defendant that there is no