GULLOMAL Vs. KANAHIYA LAL

JUDGEMENT

(1.) THIS is a revision by the plaintiff against the order dated 1st September, 1966, of the learned District Judge, Jodhpur by which he set aside the judgment and decree of the trial court and sent the case back for a fresh trial and also dismissed the plaintiff's appeal.

(2.) THE plaintiff instituted the present suit for recovery of Rs. 1380/-on 11-12-1956. THE defendants contested the suit and issues were framed on 10th March, 1958. Since burden of proof of some issues was on the defendants they were directed by the court to begin their evidence first. Statements of some of the defendants' witnesses were recorded, but thereafter, their evidence was closed and similar is the grievance of the defendants with regard to the witnesses whom they wanted to examine in rebuttal. THE trial court, however, after recording the evidence of the plaintiff, finally disposed of the case.