V.MAHESWARI Vs. S.BHASKARACHARI

JUDGEMENT

(1.) This revision, under Article 227 of the Constitution of India, is filed against the order, dtd. 6/12/2022, dismissing the petition in I.A.No.165 of 2022 in O.S.No.45 of 2014 on the file of the Court of the Principal District Judge, Chittoor, filed by the plaintiffs under Order 18 Rule 3 CPC to permit the plaintiffs to close their evidence for the present and to adduce rebuttal evidence after closure of the evidence of the defendants with regard to issues No.5 & 7 and other issues.

(2.) Heard Sri M. Venkata Ramana Reddy, learned counsel for the petitioners and Sri G. Seena Kumar, learned counsel for the respondents No.5 & 7.

(3.) The petitioners contended that the suit is filed for declaration that the registered partition deed, dtd. 28/2/2002, is null and void and to set aside the same etc., and that the 1st plaintiff was examined as PW1 and the matter is posted for further evidence. The defendants opposed the suit on the ground that the plaint schedule properties were already divided and hence, the burden of proof of partition as pleaded by the defendants is on them and it is only after adducing evidence of the defendants with regard to the said plea and issues and the other pleas, the plaintiffs have to adduce further evidence as rebuttal evidence.