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1978 DIGILAW 351 (RAJ)

Firm Sitaram v. Shri Gopal

1978-11-21

G.M.LODHA

body1978
JUDGMENT 1. This revision application is directed against the order dated the 26th May, 1979 of Munsiff and Judicial Magistrate Ist class, Jaipur city by which the application of the defendant dated 20th of Feb.,75 was decided. This application related to amendment of the issue of changing the burden of proof. Mr. Bhandari learned counsel for the petitioners, submitted that the burden of proof should have been on the plaintiff for proving issue No. 2. I find in this case that the burden is correctly put on the defendant because the defendant has pleaded payment. That being so, there is no error of jurisdiction committed by the lower court while framing these issues of placing burden of proof. 2. In the lower court and here also an objection has been raised that the issue should have been amended to bring in controversy para No. 6,7 and 8 of the application. The Munsiff has held that these matters are covered by the issues on the point of reasonable bona fide necessity. This would mean that the plaintiff will have to prove that Ramparkash is the son whether adopted for otherwise and he will have further to prove that he requires these premises for doing the tailoring business with his brother for readymade clothes. In view of this the party would get opportunity to lead evidence on all matters mentioned in Para Nos. 6, 7 and 8 of the application. 3. I am, therefore, of the view that the order passed by the lower court of 26th of May, 1976 requires no intereferance in revision. 4. The revision-application, therefore, is dismissed.Revision dismissed. *******