CHINANCHITTI RAJ KISHORE SUBUDHI Vs. M MANJULA SENAPATI

JUDGEMENT

(1.) A short and simple legal issue is in dispute in this Civil Revision preferred by the defendant in Title Suit No. 40 of 2000 of the Court of Civil Judge (Sr. Division), Koraput.

(2.) THIS Civil Revision was filed on 29.9.2000. Hearing was concluded and judgment reserved on 18.3.2002. Therefore, the question of maintainability of the suit in accordance with the amended provision in Section 115, C.P.C. was neither advanced nor considered.

(3.) ON 7.9.2000, plaintiff sought for a direction from the trial Court to direct the defendants to lead the evidence on such issues on the ground that burden on the aforesaid issues rests with the defendants. That application was rejected by the trial Court on the ground that when the suit was posted for hearing, on the first date plaintiff did not pray in that manner. Application under Order 18, Rule 3, CPC filed by the plaintiff was allowed vide the impugned order. Accordingly, accepting the option availed by the plaintiff, learned Civil Judge directed the defendants to lead the evidence on the aforesaid two issues.