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1990 Supreme(Gau) 259

R.K.MANISANA SINGH
Md. Aulad Hussain – Appellant
Versus
MD. Shahjahan Ali – Respondent


Advocates Appeared:
P.K.Barua, P.G.Barua, L.P.Dutta, D.Goswami, D.Choudhary, A.Das Gupta

This revision petition arises from an order of the Munsiff Charaideo, Sonari made on 11. 5. 90 in T.S. No. 88/90.

2. In the suit brought by the plaintiff for eviction of the defendant on the ground that the defendant is defaulter, the plaintiff filed an application for directing the defendant to begin the case on the ground that the defendant has admitted that he is tenant of the plaintiff and subsequently under an agreement of sale the defendant has been occupying the suit premises as his own right. The Munsiff rejected the prayer on the ground that this Court directed the plaintiff to adduce evidence within two months and that the plaintiff should have filed the application earlier. 3. Order 18, Rule 1, CPC provides :

"The plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional foots alleged by the defendant the plaintiff is not entitled to any part of the relief which he. seeks, in which case the defendant has the right to begin."

4. Order 18, Rule 2, CPC reads :

"(1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, she party havin












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