SATISH CHANDRA Vs. SANJAY KATYAL

JUDGEMENT

(1.) In this appeal filed by the plaintiff-appellant the challenge is to the order dated December 16,1996 of learned Single Judge whereby the appellant has been directed to lead evidence first on Issue No. 2.

(2.) It is admitted case of the parties that the appellant filed suit for specific performance of the alleged agreement, dated May 13, 1988, which was decreed exparte against the defendant-respondents by the judgment dated December 12,1991. IA No. 9245/92 under Order IX Rule 13, Civil Procedure Code was filed by the respondent on June 29,1992. for setting side the ex-parte judgment which application is being contested by the appellant. Following issues were framed m November, 1992 :

(3.) Modification of the issues was sought by the appellant in IA No. 14174/92, which was rejected on March 5,1993. As appeal against the said order (FAO (OS) No. 140/93) was also dismissed by Division Bench of this Court on February 15, 1996. Learned Single Judge thereafter directed the respondents' application to be set down for evidence. The plaintiff-appellant was called upon to lead evidence. At that stage learned Single Judge through the impugned order decided the controversy as to who should lead evidence first.