KAILASH KUMARI Vs. MANMOHAN KAPOOR

JUDGEMENT

(1.) THIS revision is directed against the order dated March 23, 1974 of the learned District Judge, Jammu, whereby he framed issue No. 3 in the following form and placed the burden of proof of the issue on the petitioner herein:

(2.) APPEARING in support of the revision Mr. Sethi has vehemently contended that the learned District Judge has grossly erred and exceeded his jurisdiction in framing issue No. 3 in the form reproduced above, and in placing the burden of proof thereof on his client. He has further urged that in view of the phraseology of Section 23 of the Act which controls all proceedings under the Act, the learned District Judge could not frame the aforesaid issue in the form in which he has done, He has in support of his contention drawn our attention to the rulings reported as AIR 1968 Punj and Har 287 and AIR 1968 Punj 489; AIR 1968 Bom 332 and AIR 1971 All 201 at 203.

(3.) WE have given our careful consideration to the submissions of the learned counsel for the parties.