LAXMI NARAYAN BHAWANI PRASAD Vs. BABURAM RADHARAMAN AGRAWAL

JUDGEMENT

(1.) This is defendant's revision directed against the order of the Civil Judge Class II in Civil Original Suit No. 104A/73 dated 12-2-1974.

(2.) Succinctly put the facts essential for the decision of this revision are these: The Plaintiff non-applicant has filed a suit for ejectment and recovery of rent against the applicant wherein various issues have been framed. The burden of proving some of which is on the Plaintiff and of some on the Defendant. The Plaintiff began his evidence and on 12-2-1974 when he closed his evidence, he stated that he was reserving his right to produce evidence in rebuttal on issue Nos. 1 (a), 1 (b), 4 (b) and 5, the onus of proof of which is on the Defendant. The trial Court vide the impugned order while reserving Plaintiff's right of leading evidence in rebuttal fixed the case for Defendant's evidence.

(3.) The Defendant after closure of his evidence on 5-3-74 made an application on 23-3-74 before the trial Court for reviewing its impugned order dated 12-2-74 whereby the Plaintiff was allowed to reserve his right of rebuttal as aforesaid and for setting aside that order. That application is yet pending 4 decision and in the meanwhile this revision has been filed.