Heard, while seeking the admission of this revision, the order passed by the learned Additional District Munsif, Cuddalore, in I.A. No. 482 of 1995 in O.S. 557 of 1993; filed under Section 151 of the Code of Civil Procedure, directing the defendant to adduce evidence first to prove his case with reference to the relief of declaration asked for in the written statement, is being challenged, for want of its legality and propriety.

2. It is stated that the suit property is a land allotted to the share of the respondent/ plaintiff who filed the suit O.S. No. 557- of 1993 before the District Munsif's Court, Cuddalore for the relief of bare injunction, restraining the defendant who is the revision petitioner herein and his men and servants from forming a road in the suit property on the ground that the revision petitioner with the aid of his men, is making every effort to do so. The said allegation is being resisted by the defendant by filing a written statement contending inter-alia that though the land in question was admitted to have been allotted to the plaintiff/respondent, since the defendant is using the suit property to have an access, as easement of necessity, the def