JUDGMENT

The petitioner by filing this application under Article 227 of the Constitution seeks quashment of an order dated 03.07.2006 passed by learned Civil Judge (Sr. Division), Cuttack in C.S. No.418 of 2004.

2. Facts necessary for the purpose are stated hereunder :-

The opposite party (plaintiff) has filed the above noted suit for damages on account of libelous statement made in the written statement filed by this petitioner who is the defendant in the present suit as also defendant in C.S. No.375 of 2002, claiming compensation.

The opposite party being the plaintiff in C.S. No.418 of 2004 filed a petition under order 18 Rule 1 of the Code of Civil Procedure seeking a direction from the Court to the petitioner (defendant) to begin with the hearing of the suit by leading evidence. This application has been allowed directing the petitioner to begin with the hearing of the suit first.

At this place, it is better for proper appreciation to reproduce the part of the order of the trial Court:-

“xxx xxx xxx

Order 18 Rule 1 provides that the plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in the facts of lo