The present petition is filed under Article 227 of Constitution of India being aggrieved by the order dated 22.07.2024 passed by Civil Judge, Senior Division Sendhwa District Barwani, by which the application filed by the petitioner/defendant under Order 16 Rule 1 of CPC has been rejected.

The facts of the case is that the respondent/ Plaintiff filed a Civil Suit against the petitioner/Defendant and the same is pending before the Civil Judge, Senior Division, Sendhwa, District - Barwani (M.P.), vide Case No. RCSB : 10/2023 for Recovery of Money.

During the Pendency of the suit the Plaintiff led evidence and closed the same. The suit was fixed for Evidence of Defendant. On 18.07.2024 after the Defendant’s evidence, the Petitioner/Defendant preferred an application under Order 16 Rule 01 of the C.P.C. The said application were replied by the Respondent/Plaintiff. By the impugned order, the said application has been rejected.

Learned counsel for the petitioner argued that the plaintiff has filed a suit for money decree. It is submitted that the amount which is being claimed has already been paid to the plaintiff and in order to prove the aforesaid fact, he has filed an application t