MOHAMMAD JAHANGIR Vs. SAJDA KHATOON

JUDGEMENT

(1.) THE plaintiff is the petitioner against an order by which plaintiff 'sapplication in terms of Order XVIII Rule 1 of CPC for a direction to the defendants to begin the case has been refused. Heard the learned counsel for the plaintiff -petitioner.

(2.) THE matter arises out of a Partition Suit. The plaintiff claims certain properties to be ancestral properties which had not been subject matter of partition earlier and sought partition. The defendants in the written statement challenged the facts in the pleadings. They asserted that there had been a previous family partition and, as such, the properties were not unpartitioned ancestral properties. They denied the right of the plaintiff to seek partition in respect of all the properties.

(3.) ON behalf of plaintiff -petitioner, it is submitted that as the defendants had pleaded to non -suit the petitioner, the defendants must begin. In my view, the view, as canvassed with reference to Order XVIII Rule 1, is misconceived.