1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5593 OF 2010 (Bhupendra J. Lodhiya vs. M/s. Gopal International, New Delhi & Ors Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 29, 2010. Shri Deshpande, learned counsel for the petitioner strenuously urged that issue No. 2 requiring the petitioner – plaintiff to prove that he has not received delivery of goods in terms of purchase contract needs to be deleted as defendants have come up with mutually inconsistent defence in this respect. One set of defendants have urged that delivery has been effected in Mumbai while the order is alleging delivery at Delhi. The learned counsel also invites attention to the provisions of Order 15, Rule 3 of Civil Procedure Code and Sections 102 to 105 of Indian Evidence Act to state that there cannot be any burden cast upon the party to prove a negative fact and a positive fact specifically in knowledge of a party is required to be proved by it as per its pleading. With the assistance of learned counsel, I have perused the papers. The necessary documents in this respect along with pleadings are on record. The plaintiff has invited attention to all these aspects by filing Exh. 2 218 on which the impugned orders have been passed. The affidavits filed by Central Bank of India and one Prakash Alone are also shown to this Court by the petitioner while arguing to urge that the issue of delivery is also clinched by statements made therein. The trial Court has considered all aspects and thereafter passed impugned orders. I do not find any prejudice being caused to the petitioner – plaintiff. All these niceties can be pressed into service by the petitioner – plaintiff before the trial Court. I am not inclined to interfere in the matter at this stage. With liberty to the petitioner – plaintiff to challenge the impugned order after final adjudication of the suit, the present writ petition is disposed of. No costs. JUDGE *GS.