1/2 S.B.CIVIL WRIT PETITION NO.232/2009 (Smt. Lad Kanwar & Anr. vs. Brijmohan Bansal) DATE OF ORDER : 20/7/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Jagat Tatia, for the petitioners. Mr.M.R.Singhvi, for the respondent. This petition is directed against the order dated 9/7/2008 passed by the learned trial court rejecting the application of plaintiff under Order 14 Rule 5 CPC on a cost of Rs.100/-. Learned counsel for the plaintiff petitioner submits that while framing the additional issue no.5-A, the learned trial court has erred in placing the burden of proof on the plaintiff instead on the defendant as the burden lies on the defendant to prove that the sum of Rs.1,57,000/- was paid by him to the plaintiff. Learned counsel for the respondent defendant opposes this submission and submits that since the averments in this regard were made by the plaintiff in para no. 13.1 of the plaint and were denied by the defendant, obviously the burden would lie upon the plaintiff in this regard and, therefore, the learned trial court cannot be faulted in rejecting the application under Order 14 Rule 5 CPC by the impugned order. 2/2 Having heard learned counsels, this Court is of the opinion that there is no error in the impugned order of the learned trial court. It is well settled that burden lies upon the person who makes an allegation which is denied by the opposite party. Since in the present case, the allegation was made by the plaintiff in para no. 13.1, which was denied by the defendant in his written statement, the burden only lies upon the plaintiff to establish the said payment. There is no force in the present writ petition and the same is accordingly dismissed. Learned trial court is requested to expedite the trial and not to entertain such frivolous application of the plaintiff in future. (DR.VINEET KOTHARI), J. item no.2 baweja/-