NAGORI IBRAHIM Vs. SHAHJI BABUMAL

JUDGEMENT

(1.) THESE are connected revisions against orders of trial Court framing certain issues in a form in which the burden of proof has been placed on the applicants. The applicants contend that the burden of proof has been wrongly placed on them and should have been placed on the opposite parties. They have, therefore, come in revisions to this Court.

(2.) THESE cases were referred to a Full Bench on the point whether revision lies in such a matter, particularly because there were conflicting decisions of this Court on this question.

(3.) IT seems to us that it is only in a few cases where the entire evidence is there that the appellate Court may not interfere on tile ground that the burden of proof was wrongly allocated; but in such cases we do not see what harm would arise to the party on whom the burden was wrongly put.