JUDGMENT :

1. This petition under Article 227 of the Constitution of India is directed against an order dated 19.11.2018 passed by the Additional District Judge-09 (Central), Tis Hazari Courts, Delhi, in CS No. 1202/2017. By the said order, the Trial Court dismissed the application of the petitioner/plaintiff under Order XVIII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the CPC”), seeking a direction upon the defendants to lead their evidence first.

Facts

2. The plaintiff filed the suit against the defendants for recovery of a sum of Rs.30,40,000/- alongwith interest thereupon. The plaintiff's case is that the defendants entered into a Collaboration Agreement dated 26.03.2014 with him for development and construction of a building on the suit property (property measuring 160 sq. yards, bearing property no. 11377-11378, Singhara Chowk, Nabi Karim, Idgah Road, Delhi). The plaintiff claims to have paid Rs.10,00,000/- out of the agreed consideration. The allegation of the plaintiff is that the defendants did not deliver possession of the suit property which was, in fact, sealed by municipal authorities. In addition to the refund of Rs.10,00,000/- claimed by hi