1. Heard the learned counsel, Mr. Binod Bariyar, on behalf of the petitioner and the learned counsel Mr. Amresh Kumar Verma, on behalf of the plaintiff-respondent.

2. This application under Article 227 of the Constitution of India has been filed by the defendants petitioner against the order dated 10.08.2011 passed by the learned Sub Judge I, Begusarai in Title Suit No.260 of 2009 whereby the learned Court below directed the defendant petitioner to begin evidence first.

3. It appears that the plaintiff respondent filed aforesaid suit for partition. The defendant filed contesting written statement taking the plea that there had already been partition between the parties in the year 1950. Thereafter, the plaintiff filed application for directing the defendant to begin evidence first in view of the provision as contained in Order 18 Rule 1 CPC. Rejoinder was filed by the defendant. The Court below by the impugned order directed the defendant to begin evidence first.

4. The learned counsel for the petitioner submitted that since it is the case of the plaintiff who is praying for partition of the property, the right to adduce evidence is on the plaintiff. He relied upon a decis