RAMNIWAS Vs. MADAN AND OTHERS

JUDGEMENT

(1.) Application for deleting the name of respondent no.5 from the array of respondents is allowed for the reasons stated therein. Name of respondent no. 5 is ordered to be deleted from the array of respondents.

(2.) With the consent of counsel for the parties, the arguments have been heard and the writ petition is being decided finally at this stage.

(3.) Under challenge is the order dated 31.5.2018 passed by Civil Judge, Jhunjhunu dismissing the defendant-petitioner's (hereafter 'the defendant') applications under Order 8 Rule 1A read with 151 CPC. Also under challenge is the order passed on the petitioner-defendants' application under Order 14 Rule 5 CPC insofar as it places the burden of proof on newly struck issue no. 7 on the defendant.