SHRI RAJKUMAR Vs. RAGHUNATHDAAS

JUDGEMENT

(1.) Heard the counsel for the petitioner and perused the impugned order dated 08.03.2018 whereby the petitioner- plaintiff's (hereinafter 'plaintiff') application under Section 151 CPC seeking an opportunity to file evidence in defence to the evidence of defendant no.1 on issue no.4 struck on the defendant's counter claim has been dismissed.

(2.) Mr.Gaurav Sharma appearing for the plaintiff submitted that in a suit for partition and permanent injunction laid against the respondent-defendants (hereinafter 'defendants'), aside of filing the written statement of denial, a counter claim was also filed stating that the plaintiff was a licensee and subsequent to the revocation of the license the defendants were entitled to the possession of the premises with the plaintiff as also mesne profits subsequent to the revocation. On the pleadings of the parties six issues were framed as under:-

(3.) Mr.Gaurav Sharma submitted that on issue no.4 struck on the averments in the counter claim and the denial thereof by the plaintiff the burden was on the defendants to begin their evidence as per Order 18 Rule 1 read with Order 8 Rule 6-A to 6-G CPC.