KANTABI JADHAVJI THAKKAR Vs. DHUNJISHAW ARDESHIR PATEL

JUDGEMENT

(1.) THIS writ petition takes exception to a direction of the civil Court that petitioners will have to begin leading of evidence in the suit for ejectment filed against them by the respondents.

(2.) RESPONDENTS have filed a suit, alleging as under :-

(3.) RULE made absolute. Decision recorded by the Civil Judge upon Ex. 39 on 6.1.81, is hereby quashed. Instead it is directed that the burden to lead evidence will be upon the respondents plaintiffs. Costs of abide the outcome of the suit. The R. and P. be sent as early as possible. Petitioners to appear before the trial court on 30.10.85. Respondents will be noticed through their counsel by the trial Court, which thereafter, shall proceed to try the suit from the stage at which it was last pending. Petition allowed.