Case Note & Summary
The petitioner, M/s. Metafield Coil Pvt. Ltd., the original defendant in Special Civil Suit No. 204/2001, challenged an order passed by the trial court below Exhibit 77 dated 17th August 2009. The trial court allowed the plaintiff's application seeking a direction against the defendant to begin the trial by leading evidence on their part. The suit was filed by the respondent, M/s. Nikivik Tube Industries Pvt. Ltd., seeking declarations that the defendant had encroached upon suit land Gut No. 211 and that the construction carried out thereon was illegal. The plaintiff claimed ownership of Gut No. 211, while the defendant claimed ownership of Gut No. 179. The defendant admitted possession of the suit property. The trial court, relying on the principle that when a plaintiff's suit is based on negative averments and the defendant admits possession, the burden shifts to the defendant to prove title, directed the defendant to begin evidence. The High Court, in its analysis, upheld the trial court's order, holding that the trial court has the discretion under Order 18 Rule 1 CPC to direct the defendant to begin evidence when the plaintiff's case is based on negative averments and the defendant admits possession. The court found no illegality or perversity in the impugned order and dismissed the writ petition.
Headnote
A) Civil Procedure - Order 18 Rule 1 CPC - Power to direct defendant to begin evidence - When plaintiff's suit is based on negative averments and defendant admits possession, the burden shifts to defendant to prove title - The trial court has discretion to direct the defendant to lead evidence first - Held that the impugned order directing defendant to begin evidence is proper and does not warrant interference (Paras 2-5).
Issue of Consideration
Whether the trial Court is invested with the powers under Order 18 Rule 1 of the Code of Civil Procedure, 1908 to direct the defendant to begin with the trial by leading evidence on their part.
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order directing the defendant to begin evidence.
Law Points
- Order 18 Rule 1 CPC
- burden of proof
- negative averments
- admission of possession
- defendant to begin evidence
