MOHANLAL Vs. RAMESHWAR

JUDGEMENT

(1.) .Heard finally with the consent of the parties.

(2.) This miscellaneous petition has been filed by the petitioner/plaintiff under Article 227 of the Constitution of India against the order dtd. 5/10/2019, passed in Civil Suit No.1A/2015 by Ist Civil Judge, Class-I, Alirajpur (M.P.) whereby the application filed by the petitioner/plaintiff under Order XVIII Rule 3 of CPC to defer his evidence till the defendants have led their evidence has been rejected.

(3.) In brief, the facts of the case are that the suit has been filed by the plaintiff for partition, possession and permanent injunction against the respondents, the issues have already been framed and the plaintiff is to lead his evidence, however, before commencing with his evidence, the plaintiff has filed an application under Order XVIII Rule 3 of CPC for deferring his evidence in respect of issues no. 5, 6, 7, 9 and 10 , which provides that 'the party beginning the evidence may at this option produce the evidence on those issues or reserve it by way of answer to the evidence produced by the other party the burden of proving the same lies on the other party."