JIWAN LAL Vs. OMEGA TOOLS PRIVATE LIMITED

JUDGEMENT

(1.) By the order dated the I8lh of May, 1971, the trial court dismissed the plaintiff's application filed under order i4, rule 5 of the Civil Procedure Code (hereafter called "the Code' and it is against that order that the petitioners have come up in revision.

(2.) The petitioners filed a suit for dissolution of partnership and rendition of accounts. The suit was contested and issues were framed on the 26th of October, 1968. The onus of issues Nos. 1 to 10 and 15 was placed on the defendants and the onus in respect of the other issues was placed on the plaintiffs. The petitioners (plaintiffs) moved, an application dated the 18th of May, 1971, under order 14, rule 5 read with section 151 of the Code praying that the issues may be amended. In paragraph 3 of that application it was staled that issues Nos. II to 19 deserved to be reframed, as suggested therein.

(3.) The contention raised before me on behalf of the petitioners, however, is only this that the trial court erred in placing the burden of issues No. 11 to 14 and 17 on the plaintiffs and the grievance will be eliminated if the onus is placed on the defendants. In this case although the suit was originally filed in December, 1967, the plaint was later on amended and the surviving plaint bears the date 19th April, 1968. After the amendment of .the plaint the defendants filed a fresh written statement dated the 2nd of May, 1968. The trial court having framed the issues on 26th of October, 1968, the plaintiff, started examining evidence and P. W. 1 was examined on the 12th of May, IS69. There were several adjournments and the plaintiffs having examined three other witnesses the statement of P. W. 5 was recorded on the 21st of August, 1969.