JUDGMENT :

Heard learned Advocate Mr. Pratik Jasani on behalf of the applicant and learned Advocate Mr. Vimal Patel on behalf of learned Advocate Mr. Suren B. Patel for the respondent.

2. By way of this application, the applicant challenges an order dated 16.1.2018 passed by the learned Principal Senior Civil Judge, Gondal under Exh. 47 in Special Civil Suit No. 44 of 2008 whereby the application preferred by the present applicant- original plaintiff for a direction to the defendant to lead evidence, instead of the plaintiff has been rejected.

2.1 The facts shorn of unnecessary details, are stated hereinbelow.

It appears that the present applicant being the original plaintiff, had filed Special Civil Suit No. 44 of 2008 before the learned Civil Court at Gondal interalia praying for a declaration that the plaintiff and the defendant were partners of a firm named M/s Parth Aluminium Company. It was also prayed for a declaration that the machinery purchased by the firm in question was of the joint ownership of the plaintiff and the defendant. Further prayers seeking books of accounts etc of the firm were also sought for. It appears that after the defendant had appeared and contested the s