( 1 ) ). The original defendant has challenged the order of the trial Court directing the defendant to lead the evidence first.

( 2 ) ). The plaintiff by an application Ex. 24 submitted that the defendant had admitted that the defendant had received delivery of the goods of the plaintiff and part payments were made from time to time and in respect of the balance payment the defendant had given two cheques. However those cheque came to be dishonoured. It was also submitted that the defendant had also stated that thereafter certain payments amounting to Rs. 5 0 have been made. It was therefore submitted that the onus to prove the defence was on the defendant and therefore the defendant should be asked to lead the evidence first.

( 3 ) ). The trial Court granted application and directed the defendant to lead the evidence first.

( 4 ) ). At the hearing of this revision application the learned Counsel for the petitioner-defendant submitted that the defendant has wholly denied the claim of the plaintiff and therefore the initial burden is on the plaintiff. It is also submitted that the defendant had also denied and not admitted that the plaintiff was a registered partnership firm.

( 5 ) ). The plaintiff has in in (sic.) the plaint itself stated that the plaintiff partnership firm is a registered partnership firm and the registration number is also given.

( 6 ) ). The learned Counsel for the petitioner defendant also submitted that the defendant and his Advocate could not remain present at the hearing of Ex. 24 on account of disputed condition and curphew (sic.) and therefore the trial Court ought not to have heard the matter ex parte and passed the order.

( 7 ) ). In view of the fact that the plaintiffs claim is substantially admitted and the plaintiff-firm is also prima facie shown to be a registered firm the trial Court has rightly directed the defendant to lead the evidence first. The trial Court is entitled even to record the statements of the parties before framing issues under Order XIV Rule 1 read with Order X Rule 2. The provisions of Order 10 Rules 2 3 and 4 and Order XIV Rule 1 read as follows Order 10 Rule 2. Oral examination of party or companion of party (1) At the first hearing of the suit the Court- (a) shall with a view to elucidating matters in controversy in the suit examine orally such of the parties to the suit appearing in person or present in Court as it deems fit; and (b) may orally examine any person able to answer any material question relating to the suit by whom any party appearing in person or present in Court or his pleader is accompanied. (2) At any subsequent hearing the Court may orally examine any party appearing in person or present in Court or any person able to answer any material question relating to the suit by whom such party or his pleader is accompanied. (3) The Court may if it thinks fit put in the-course of an examination under this rule questions suggested by either party. Rule 3 : Substance of examination to be written The substance of the examination shall be reduced to writing by the Judge and shall form part of the record. Rule 4 : Consequence of refusal or inability of pleader to answer (1) Where the pleader of any party who appears by a pleader or any such person accompanying a pleader as is referred to in Rule 2 refuses or is unable to answer any material question relating to the suit which the Court is of opinion that the party whom he represents ought to answer and is likely to be able to answer if interrogated in person the Court may postpone the hearing of the suit to a future day and direct that such party shall appear in person on such day. (2) If such party fails without lawful excuse to appear in person on the day so appointed the Court may pronounce judgment against him or make such order in relation to the suit as it thinks fit. xxx xxx xxx order IV Rule 1 (15) : at the first hearing of the suit the Court shall after reading the plaintiff and the written Sta