RAMESH LAL Vs. SURESH LAL

JUDGEMENT

(1.) The defendant in T. S. 383/82/102/82 pending in the Court of the Sub-Judge, Ist Court, Cuttack is the petitioner in this revision. He impugns the order dated 28-3-83 in the said suit rejecting his petition dated 21-12-83 praying to call upon the opposite party (plaintiff) to state expressly whether he intends to recall any of his witnesses for further examination and not to proceed with his examination till further examination of the witnesses for the opposite party is over.

(2.) The gist of the facts material for purpose of this proceeding is that the opposite party has filed the suit for preliminary decree for partition of the suit properties and for determination of his share therein. The case of the plaintiff, in short, is that by an oral partition on 30-10-78 the joint family property described in the schedule of the plaint fell jointly to the share of himself and the defendant who are brothers. It is his further case that this oral partition was reduced to writing in the form of a memorandum of a family settlement dated 27-2-1979.

(3.) The petitioner in his written statement denied the oral partition said to have taken place on 30-10-78. He further stated that the memorandum of family settlement was obtained by undue influence and it was otherwise invalid.