KHEDU CHANDRA BEHERA Vs. DRAUPADI BEHERA AND OTHERS

JUDGEMENT

(1.) This petition challenges the order dated 22.3.2016 passed by the learned Civil Judge (Sr.Division), Jharsuguda in C.S. No.159 of 2013. By the said order, the learned trial court allowed the application of the plaintiff under Order 18, Rule 1 C.P.C. and directed the defendants to begin first.

(2.) The opposite party no.1 as plaintiff instituted the suit for partition of the suit land impleading the petitioner and opposite parties 2 to 9 as defendants. Pursuant to issuance of summons, the petitioner/defendant-7 and other defendants 1 to 5, 7 and 8 entered appearance and filed a joint written statement stating therein that there was prior partition of the suit land by metes and bounds. While the matter stood thus, the plaintiff filed an application under Order 18, Rule 1 C.P.C. for a direction to the defendants to begin first. The defendants also filed objection. The learned trial court allowed the same and directed the defendants to begin first. Hence, this petition.

(3.) Heard Mr. Amit Prasad Bose, learned Advocate for the petitioner and Mr. Sanjeev Udgata, learned Advocate for opposite party no.1.