RADHA TRADERS MORENA Vs. CHHAKKOOLAE VAISHYA

JUDGEMENT

(1.) PETITIONER-DEFENDANTS have preferred this civil revision against the order passed by the 1st Civil Judge Class II, Morena, dated 6-1-1984 in Civil original Suit No. 50-B of 1981.

(2.) PLAINTIFF-NON-APPLICANT No. 1 filed a suit against the petitioner-defendants with the allegations that on 21-2-1981 the defendants borrowed a sum of Rs. 10,000/- and on 24-1-1981 issued a cheque for the same amount in favour of the plaintiff hut the cheque was dishonoured by the Bank on presentation for payment. Defendant denied the case of the plaintiff of having ever borrowed an amount of Rs. 10,000/- on 21-2-1981. Defendant further alleged that on 21-1-1981 there was an auction by tenders in Government Department, When he was persuaded by the plaintiff to issue a cheque for Rs, 10,000/- in his favour and in consideration he would file a higher rate in his tender so that the tender of petitioner-defendant No. 2 would be accepted. Thus, the defendant alleged that the plaintiff acquired the said cheque by playing fraud upon him and fraudulently presented the same for payment.

(3.) THE trial Court framed the issues and the trial commenced Plaintiff examined two of his witnesses and it is then that he filed an application that as the burden of proof lies upon the defendant, he should be directed to examine his defence witnesses. The trial Court without altering any issue, previously framed, passed the impugned order whereby it ordered that the defendant should lead his defence. It is this order which is being challenged in this petition.