(1.) The petitioner by filing this application under Art. 227 of the Constitution seeks quashment of an order dated 03.07.2006 passed by learned Civil Judge (Sr. Division), Cuttack in C.S. No. 418 of 2004.
(2.) Facts necessary for the purpose are stated hereunder :- The opposite party (plaintiff) has filed the above noted suit for damages on account of libelous statement made in the written statement filed by this petitioner who is the defendant in the present suit as also defendant in C.s. No. 375 of 2002, claiming compensation. The opposite party being the plaintiff in C.S. No. 418 of 2004 filed a petition under Order 18, Rule 1 of the Code of Civil Procedure seeking a direction from the court to the petitioner (defendant) to begin with the hearing of the suit by leading evidence. This application has been allowed directing the petitioner to begin with the hearing of the suit first. At this place, it is better for proper appreciation to reproduce the part of the order of the trial court:- " xxxx xxxx xxxx xxxxx xxxx Order 18 Rule -1 provides that the plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in the facts of lower in additional facts the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant has a right to begin. It is undisputed that there has been use of scandlour (sic) and dispersing (sic) words in the W.S. filed by the defendant for which the defendant has admitted the facts alleged by the plaintiff in the present suit. Now, the facts remains that the words used are devoid of malafideness or based on truth. Thus the burden lies on the defendant to begin the suit first since he has admitted the case of the plaintiff, put up on 25.07.2006 for hearing of the suit from the side of the defendant who is to begin the suit first."
(3.) Heard learned counsel for the petitioner and opposite party. I have carefully gone through the order in question as also the rival pleadings. From the beginning some important aspects are required to be kept in view in dealing with this matter and those are:-