NATHULAL Vs. LACHMAN

JUDGEMENT

(1.) THIS is an application by the plaintiff for the revision of an order of the learned Civil Judge, Jaipur city rejecting the plaintiff's application for amending an issue and correctly placing the burden of proof of some issues on the parties. The plaintiff's suit is for possession on the basis of a mortgage deed and in the alternative for the recovery of mortgage money. The defendant is a woman, who alleges herself to be a Parhanashin woman. The mortgage deed has not been admitted by the defendant and the para in the plaint dealing with the execution of the mortgage deed has not been clearly admitted. The learned Civil Judge framed the following issue which is material for the purposes of this revision. THIS is issue No. 2 and reads as follows: - "whether the mortgage deed dated 21st August, 1948 was got executed by the defendant after payment of Rs. 3ooo/-in two instalments and Rs. 4499/- after the payment of Rs. 3000/- and whether the defendant had any right to make the mortgage.

(2.) THE plaintiff put an application that the said issue was not correctly framed and that the issue be correctly framed and the burden which has been placed upon the plaintiff in this issue be not placed upon him but be placed upon the defendant.