Choudhary, J.

1. This application was made on behalf of the defendants against the order of the Additional Subordinate Judge, 1st Court, Patna, dated 15-2-1957, holding that the onus of proving the justification of the order of demotion of the plaintiff and his subsequent dismissal was upon the defendants, and they should begin to lead the evidence.

2. The opposite party instituted a suit or, the allegation that the order of his demotion from the rank of Subedar Major to that of Sergeant on 14-11-1950, was illegal and ultra vires. He also prayed for a declaration that the order of dismissal dated 10-4-1953 was illegal and ultra vires on the ground that he was not given sufficient opportunity to show cause against that order and the statutory procedure was not followed. In the written statement the petitioners asserted that there was no order of the demotion made on 14-11-1950, and the opposite party did not hold the post of Subedar or Subedar Major permanently, but he was posted on officiating basis. With regard to the order of dismissal the defence was that sufficient opportunity was given to the opposite party to show cause, and the order of dismissal was legally valid. T