KAILASH Vs. GOKUL PRASAD

JUDGEMENT

(1.) Being aggrieved by the order dated 14-2-2011 passed by Civil Judge, Class-I, Shajapur in Civil Suit No. 53-A/2010 whereby, the application filed by the respondents No. 1 to 3 under Order 18, Rule 3, Civil Procedure Code was allowed, present petition has been filed.

(2.) Short facts of the case are that respondents No. 1 to 3 filed a suit for declaration and permanent injunction alleging that respondents No. 1 to 3 are the owner of the suit property. The suit was contested by the petitioners wherein, plaint allegations were denied. It was denied that respondents No. 1 to 3 are owner of the suit property. It was alleged that petitioners are the owner and in occupation of the suit property on the basis of hostile title. On the basis of the pleadings of the parties learned Trial Court framed the issues and also recorded the evidence.

(3.) After adducing the evidence by the respondents the evidence of the petitioners begun. Before closer of the evidence of the petitioners and application filed by the respondents No. 1 to 3 under Order 18, Rule 3, Civil Procedure Code wherein, it was prayed that right to adduce the evidence in rebuttal be reversed. The application was allowed, against which present petition has been filed.