KAPILDEO SINGH Vs. RAM NANDAN SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS Civil Revision by the defendant nos. 13 and 14 of Title Suit No.175 of 1985 of the court of IVth Subordinate Judge, Begusarai is directed against the order dated 8.12.1998 by which the petitioners were asked to lead evidence first.

(3.) THE suit in question has been filed for partition. The court has observed that the established principle of law is that where parties are governed by Mitakshara Hindu Law, the presumption of jointness and the burden to prove partition is on the person who asserts it. In the present case, while according to the plaintiffs, the properties are joint and there has been no partition by metes and bounds, according to defendant nos. 13 and 14, partition took place between the parties. In this view of the matter, the defendants have been asked to lead evidence first to prove that there was partition.