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1994 Supreme(Pat) 406

NARAYAN ROY
Raghubir Singh – Appellant
Versus
Raghuraj Singh – Respondent


Judgment

Narayan Roy, J.

1. Heard counsels for the parties.

2. By the impugned order the learned court below in exercise of its power under Order XVIII, Rule 1 of the Code of Civil Procedure has directed the defendants to lead evidence first.

3. The learned counsel appearing on behalf of the petitioners contended that in normal course it was the plaintiff to begin with the evidence and there is nothing on the record to show that defendants are making any obstruction in the way of the plaintiff and as such the learned court below has erred in directing the defendants to lead evidence first.

4. Normally this court in exercise of its discretion under Sec.115 of the Code does not interfere with such an order.

5. When I had also endorsed this view, learned counsel appearing on behalf of the petitioners produced before me a decision of this court reported in the case of Chandradeo Singh and others V/s. Moti Devi and others, 1991 (2) PLJR 966. This court in Chandradeo Singhs case (Supra) has held that in special circumstances when the parties are going to suffer injury the revision application should be entertained.

6. Accordingly, I have entertained the civil revision application.

7. In t



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