Mrs. Parkash Kaur vs Shamsher Singh and Others

Arvind Kumar, J.—The present petitioner-plaintiff in a suit for declaration and in alternate for joint possession, titled as Mrs. Parkash Kaur v. Shamsher Singh and others is aggrieved with the order dated 20.5.2008 whereby her request for directing the defendant-respondents, the alleged propounder of the Will, to first adduce evidence than her, in view of provisions contained in Order 18 Rule 1 CPC, has been turned down by the court below.

Heard.

A plain language of the above-said provisions makes it clear that it is an enabling provision entitling the defendant of right to begin. This provisions cannot be interpreted to mean that the court would be competent to direct the defendant(s) to enter into the witness box before the plaintiff and lead evidence in support of the case. In this backdrop, the request of the petitioner-plaintiff has rightly been declined by the trial Court. No interference is called for. The petition is wholly without merit and the same is accordingly dismissed in limine.