BABAJI BEHERA Vs. BAISHNABA CHARAN BEHERA AND OTHERS

JUDGEMENT

(1.) This petition challenges the order dated 20.11.2000 passed by the learned Addl. District Judge, Kendrapara in Civil Revision No.38 of 2000. By the said order, learned Addl. District Judge allowed the revision and directed the learned Civil Judge (Senior Division), Kendrapara to call upon the defendant no.2 to begin first.

(2.) Opposite party no.1 as plaintiff instituted Title Suit No.273 of 1996 in the court of the learned Civil Judge (Senior Division), Kendrapara for partition of the suit schedule property impleading the petitioner and the opposite parties 2 to 13 as defendants. Pursuant to issuance of summons, defendant no.2- present petitioner entered appearance and filed written statement. The plea of the defendants was that there was a previous partition. While the matter stood thus, the plaintiff filed an application under Order 18, Rule 1 Civil Procedure Code for a direction to the defendant no.2 to begin first. By a laconic order dated 26.6.2000, learned trial court rejected the application. The plaintiff filed a revision before the learned Addl. District Judge, Kendrapara, which was registered as Civil Revision No.38 of 2000. By order dated 20.11.2000, learned revisional court allowed the application.

(3.) Heard Mr. Abinash Routray, learned counsel on behalf of Mr. P.K. Routray, learned counsel for the petitioner and Mr. Budhiram Dash, learned counsel on behalf of Mr. N.C. Pati, learned counsel for the opposite party no.1.