KUMUDINI DAMODAR MAGAR Vs. BHUSHAN DAMODAR MAGAR

JUDGEMENT

(1.) RULE returnable forthwith. By consent of parties petition is heard finally.

(2.) THIS petition is directed against the order passed by the Civil Judge, Senior Division, alibag below Exh. 62 in Special Civil Suit No. 59 of 2000, whereby the trial Court in exercise of powers under order 18 rule 16 of bode of Civil Procedure, 1908 ("c. P. C. "for short) allowed defendant No. 2 to lead evidence before the evidence of the plaintiffs is opened. Outline Chronology :

(3.) THE outline chronology giving rise to the present petition, in nutshell is that, the respondent Nos. l and 2/ original plaintiffs filed a suit being Special Civil Suit No. 59 of 2000 in the court of Civil Judge, Senior Division, Alibag for declaration that they are the children born to respondent No. 3/ original defendant No. 2 and Shri damodar Sitaram Magar, who, was original defendant no. l in the suit, left for heavenly abode during the pendency of the suit. The petitioners herein are the original defendant Nos. 3 to 6. Parties to the petition are hereinafter referred to in their original capacity for the sake of clarity.