SHIVNANDANPRASAD Vs. RAM LAKHAN SAH

JUDGEMENT

(1.) The defendants are the petitioners.

(2.) In a Money Suit instituted in the year 1980, a question arose before the trial court as to who has the right to begin. By the impugned order the trial court directed the petitioners to begin on the ground that they admit the facts alleged by the plaintiff and that as they have also taken a plea of excess payment and have put in a counter-claim.

(3.) Mr. Girijapati Sanyal, learned counsel appearing for the petitioners, had earlier contended that the court below has misunderstood the provision of Order XVIII, Rule 1, C.P.C. Following him, Mr. Trivedi also reiterates the same submission.