K PANNEER SELVAM Vs. ANANDHAKUMAR

JUDGEMENT

(1.) This revision has been filed by the petitioner against the order dated 10.02.2017 passed in I.A.No.331 of 2016 in O.S.No.114 of 2015 on the file of the learned I Additional District Judge (PCR), Trichy, dismissing the petition filed by the petitioner under Order 18, Rule 1 C.P.C.

(2.) The petitioner is the plaintiff in the suit and he filed the suit for partition and separate possession of his 1/3rd share in the suit properties. In the suit, the petitioner has also sought declaration to declare that the sale made by the first defendant in favour of the 9th defendant as null and void and also to direct the defendants 1, 4 to 7 to account for their management of the joint family properties.

(3.) Pending suit, the petitioner has filed I.A.No.331 of 2016 seeking to direct the first defendant to begin the trial first alleging that the first defendant has taken various defences, including family arrangement and execution of Will and according to the petitioner, the family arrangement, execution of Will and all other defences taken by the first defendant were only an invented story and the burden of proof solely lies on the first defendant. Since the petitioner was not doing well and was affected by stroke, he has to file an application under Order 26, Rule 1 C.P.C. for examining him through advocate commissioner. Therefore, the petitioner prayed to direct the first respondent to let in evidence first.