CHITTARANJAN DAS Vs. JANARANJAN DAS & ORS.

JUDGEMENT

(1.) This revision is at the instance of defendant No. 5 in a suit for partition and directed against the order of the 2nd Additional Civil Judge (Sr. Division), Cuttack directing the defendant No. 5 to begin the trial and adduce his evidence.

(2.) The short facts leading to the present civil revision is that the plaintiff-opp. party No. 1 who is the son of defendant Nos. 2 and 3 filed T.S. No. 41 of 1991 before the learned Civil Judge (Sr. Division) 1st Court, Cuttack which subsequently stood transferred to Civil Judge (Sr. Division) 2nd Additional Court, Cuttack. The suit was for partition of the schedule properties excepting Schedules E and F situated in the district of Jagatsinghpur. The present petitioner was impleaded as defendant No. 5 and the parents and other brother of the plaintiff have been arrayed as defendant Nos. 1 and 4 and, subsequently, the wife of defendant No. 5 was impleaded as defendant No. 6. The plaintiff-opp. party No. 1 prayed for a partition of the suit schedule property claiming l/6th share to him. The present petitioner who was defendant No. 5 in the suit filed his written statement inter alia taking the ground that he is the adopted son of Alekh, brother of defendant No. 1 and has got half share in the schedules A to D properties. The question of maintainability of the suit was also raised in view of continuance of the consolidation proceeding in respect of the suit village, as per notification.

(3.) The suit was posted for hearing; the plaintiff-opp. party No. 1 fit. la petition under Order 18 Rule 1, C.F.C. proving therein that since the defendant No. 5 claims to be the adopted son of Alekh and claims previous partition, he should begin his case first. The learned trial Judge by his order dated 30.3.1996 allowed the petition filed by the plaintiff directing the defendant No. 5, the petitioner in the present case to begin his case first. Hence the present civil revision.