Ghan Shyam Choudhary v. Jagdish Choudhary And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.630 of 2016 ====================================================== Ghan Shyam Choudhary .... .... Appellant/s

Versus

Jagdish Choudhary & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Amresh Kr. Verma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-09-2016 Heard the learned counsel for the petitioner and the learned counsel for the respondent.

Perused the impugned order dated 25.02.2016 passed by Sub Judge Ist, Manjhaul, Begusarai in Title Suit No.130 of 2014 whereby the Court below has directed the defendant petitioner to adduce evidence first according to Provision as contained in Order 18 Rule 1.

It appears that the plaintiff respondent filed the suit for partition. The defendant filed written statement alleging that suit property stands in the name of the father of the defendant. Therefore, the defendant pleaded additional fact and alleged that the plaintiff is not entitled to any part of the relief. In such circumstances, the defendant has to prove the additional fact which is pleaded by him in the written statement. The Court below considering these facts has directed the petitioner to begin

Patna High Court C.Misc. No.630 of 2016 (2) dt.20-09-2016 2/2 first.

In my opinion, therefore, the order passed by the Court below which is impugned in this Civil Misc. application is within his jurisdiction according to law.

Thus, this Civil Misc. application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U