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GOPALAKRISHNAN v. JAYADEVAN - WP(C) No. 21937 of 2007(J)  RD-KL 13243 (17 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 21937 of 2007(J)
2. THARA JAYADEVAN,
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
O R D E R
M.N.KRISHNAN, J.WP(C)No. 21937 OF 2007 J
Dated this the 17th July, 2007.
This writ petition is filed seeking to set aside the order of the learned Munsiff, Pattambi on the question of burden of proof. The plaintiff instituted a suit for an injunction and the defendant filed a counter claim and the dispute is with respect to the boundary wall and its entitlement and for a mandatory injunction. It is a settled principle of law that the counter claim is only another plaint and it has to be decided as a suit. Just because the defendant chooses to file a counter claim the burden of the plaintiff to prove his case will never shift. If circumstances exist and further evidence becomes necessary at a stage which was not put to the plaintiff while taking in evidence that can always be considered by the Court and permitted to be adduced. But the question of burden of proof of the plaintiff will never change and therefore the finding of the court below is confirmed and writ petition is disposed of with the above directions. M.N.KRISHNAN Judge jj
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