Heard.

Rule.

With consent of parties, petition is taken up for final disposal at the admission stage.

2. The short point that arises for consideration is whether the trial Court is invested with the powers under order 18 rule 1 of Code of Civil Procedure, 1908 (C.P.C.) to direct the defendant to begin with the trial by leading evidence on their part.

3. The petitioner/ original defendant is raising exception to the order passed below Exh.77 in Special Civil Suit No.204/2001 decided on 17th August 2009 whereby, the trial Court allowed the application tendered by the plaintiff seeking direction against the defendant to begin with the trial by leading evidence on their part. In Special Civil Suit No.204/2001 instituted by the plaintiff, the following prayers are made:

a) It be declared that the Defendants have encroached upon the suit land as shown on the sketch annexed to the Plaint on Gut No.211.

b) It be further declared that the work of construction carried out on Gut No.211 and as shown on the sketch annexed to the plaint is absolutely illegal and the Defendants are not entitled to continue with the same.

c) The Defendants, their servants, agents, or any one claimi