ABDUL HUSSAIN Vs. SHAHJAHAN ALI

JUDGEMENT

(1.) This revision petition arises from an order of the Muniff Charaideo, Sonari made on 11.5.1990 in TS No 88/90.

(2.) In the suit brought by the plaintiff for eviction of the defendant on the ground that the defendant is defaulter, the plaintiff filed an application for directing the defendant to begin the case on the ground that the defendant has admitted that he is tenant of the plaintiff and subsequently under an agreement of sale the defendant has been occupying the suit premises as his own right. The Munsiff rejected the prayer on the ground that this Court directed the plaintiff to adduce evidence within two months and that the plaintiff should have filed the application earlier. Order 18, Rule 1, Code of Civil Procedure provides:

(3.) Let me now examine the case on hand. Order 6, rule 1, CPC, defines "pleading" to mean plaint or written statement. Under Order 6, rule 2(1),CPC, every pleading shall contain, and contain only, a, statement in concise form of the material fads on which the party pleading relics for his claim or defences as the case may be, but not the evidence by which they arc to be proved.