KESHAVLAL DURLABHSINHBHAIS FIRM Vs. JALARAM PULSE MILLS

JUDGEMENT

(1.) . The original defendant has challenged the order of the trial Court directing the defendant to lead the evidence first.

(2.) . The plaintiff by an application Ex. 24 submitted that the defendant had admitted that the defendant had received delivery of the goods of the plaintiff and part payments were made from time to time and in respect of the balance payment the defendant had given two cheques. However those cheque came to be dishonoured. It was also submitted that the defendant had also stated that thereafter certain payments amounting to Rs. 5 0 have been made. It was therefore submitted that the onus to prove the defence was on the defendant and therefore the defendant should be asked to lead the evidence first.

(3.) . The trial Court granted application and directed the defendant to lead the evidence first.