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1954 DIGILAW 288 (RAJ)

Hardeva v. Uda

1954-12-17

K.S.RANAWAT, SHYAMLAL

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This second appeal against an appellate order of the Additional Commissioner upholding an interlocutory order of the trial court has been preferred by one of the contesting defendants and is bound to succeed. The only question involved for determination in the case is as to whether the contesting defendant should lead his evidence before or after the defendant who supports the plaintiffs case has led his evidence. The learned counsel for the respondents does not contest the appellants claim. As laid down in Indian High Court Reports Volume IV 32 Bom, 599 the plaintiff and such of the defendants as support the plaintiffs case must call this evidence in the first place and after them the other party namely the persons opposed to the plaintiffs case must call their evidence. We would, therefore, allow this appeal, set aside the order of the lower court and direct that the appellants evidence be taken after the defendants who support the plaintiffs case have examined their evidence.