THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.3166 OF 2007 ORDER: The petitioners filed this revision under Article 227 of the Constitution of India, inter alia, assailing the order dated 15.06.2007 in I.A.No.1054 of 2006 in O.S.No.196 of 2001 on the file of the Additional Senior Civil Judge, Narasaraopet, Guntur District, wherein the application filed under 151 of the Code of Civil Procedure, 1908, to direct the defendants to adduce evidence by commencing trial by contending that the burden is on the defendants, as they propounded two Wills against the right of the plaintiff, was allowed. In a suit for partition, admittedly, the Wills have to be established. However, there is no dispute on the part of the petitioners on the fact that the property belongs to one Venkatappaiah and Hanumayamma. After taking into consideration the facts and circumstances of the case and also the valid reasons given, the Court below found that the burden is on the petitioners and allowed the said application. Hence, the revision. There being no dispute in regard to the aforesaid basic facts about the pleadings, necessarily the plea of Wills needs to be established before any plea is taken since common source of title exists even as per all the parties. In the circumstances, I do not find any merits in the revision. Accordingly, the Civil Revision Petition is dismissed. No costs. _________________ (B.PRAKASH RAO, J) 17th June 2010 RRB