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2019 DIGILAW 604 (MAD)

S. K. Kailasam @ K. Sengottuvel v. S. Loganathan (died)

2019-03-05

N.SATHISH KUMAR

body2019
JUDGMENT : (Prayer: Civil Revision Petition filed under Section 227 of the Constitution of India against the order dated 23.07.2013 passed in I.A.No.170 of 2013 in O.S.No.292 of 2009 by the II Additional Subordinate Judge, Erode.) 1. This revision petition has been filed as against the orders passed by the trial court directing the defendant to let evidence first. 2. The revision petitioners are the defendants in the original suit. The plaintiffs filed the suit for partition. The defendants have raised plead in their written statement about oral partition and also Will. Based on the defence, the plaintiffs filed a petition to direct the defendants to let in evidence first, as per Order XVIII Rule 1 of the Code of Civil Procedure. The trial court allowed the application, against which, the present revision has been filed. 3. Heard the learned counsel appearing for the revision petitioners as well as the respondents. At the outset, I do not find any illegality or error in the orders passed by the trial court. Order XVIII Rule 1 of the Code of Civil Procedure deals with “Right to begin". On careful reading of Order XVIII Rule 1 of the Code of Civil Procedure, it makes clear that when the defendant alleges some other facts, contending that the plaintiff is not entitled to any part of the relief, which seeks in the plaint, the defendant has right to begin. Admittedly, in this case, the defendants have pleaded that the plaintiffs are not entitled for partition in view of the oral partition as well as the Will executed in their favour. The trial court directed the defendants to let in evidence first, according to the law. Hence, I do not find any illegality or infirmity on the orders passed by the trial court and the same does not warrant any interference of this court. 4. In the result, (i) The civil revision petition is dismissed. No costs. The connected civil miscellaneous petition is closed. The order of the trial court is confirmed. (ii) The trial court is directed to dispose the suit within four months from the date of receipt of a copy of this order.