CHANDRA SEKHAR PATTJOSHI Vs. JOGENDRA PATTJOSHI

JUDGEMENT

(1.) Heard.

(2.) Petitioner moved an application entitling that to be a petition under Order 18, Rule 1, CPC with the prayer to direct the defendants Nos. 8 and 9 to adduce evidence before the petitioner is called upon to adduce defence evidence. On 2-4-2003, in Title Suit No. 37 of 1994 learned Civil Judge (Sr. Division), Dharmagarh in a composite order, on that application and the application for amendment moved by defendant Nos. 8 and 9, rejected both the petitions. Therefore, petitioner challenges to the order, in which his application under Order 18, Rule 1, CPC has been rejected. Learned Civil Judge passed that order on the ground that the provision in Order 18, Rule 1, CPC can only be invoked by the plaintiff and not by the defendants.

(3.) To understand the dispute as well as the contention of the petitioner, it is necessary to refer to the facts involved in the suit. In that respect petitioner has filed typed copy (true copy attested) of the plaint, written statement of defendant No. 1 and also the joint written statement of defendant Nos. 8 and 9.