DEVIRAM Vs. RAMASHANKAR SHARMA

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution is directed against the order dated 28.6.2012 whereby plaintiff/respondent No.1's application under Order 18 Rule 1 read with Section 151 CPC is allowed. In a suit for declaration and permanent injunction, plaintiff filed an application under Order 18 Rule 1 CPC (Annexure P/4). In the said application, it is prayed that in view of issues No.8 and 9, the defendants be first directed to lead evidence. Issues No.8 and 9 as mentioned in the memo of petition reads as under :- ...[VERNACULAR TEXT OMMITED]...

(2.) CRITICIZING the said order, Shri Saraswat, learned counsel for the petitioners, relied on following judgments:-

(3.) I have heard learned counsel for the parties and perused the record.