V.C. SUNNY Vs. DEPUTY COMMERCIAL TAX OFFICER

JUDGEMENT

(1.) THE revision petitioner, who is plaintiff in the original suit filed this revision petition against the fair and decreetal order dated 28.03.2006 passed in I.A.No.3137 of 2006 in O.S.No.894 of 2004 on the file of VIII Assistant City Civil Court, Chennai.

(2.) FOR the sake of convenience, the plaintiff in the original suit is referred as revision petitioner and the defendants in the original suit are referred as respondents here after.

(3.) IN part heard stage, on the side of the revision petitioner one C.K.Simon, who is brother -in -law of the revision petitioner filed a petition and in the affidavit, it is stated that the revision petitioner is not the Director of the 2nd respondent company and he has not shown as Director in the books of Registrar of Companies. In the above said circumstances, the burden of proof lies only on the 1st respondent to prove as to how the revision petitioner can be held to be liable as the Director of the 2nd respondent Company. Therefore, prayed for a direction to direct the 1st respondent/1st defendant to let in oral evidence first.