S CHANDRA KEERTI Vs. ABDUL GAFFAR

JUDGEMENT

(1.) The facts relevant for determination of the question in controversy may briefly be stated as follows. In a suit for redemption instituted by the respondent before the Civil Judge, Raichur, number of issues were framed. The burden of proving most of these issues lies on the defendant. Having regard to the nature of the issues, the trial Court called upon the defendant to begin and lead evidence in the case. The defendant accordingly produced all his evidence and closed his case. The plaintiff thereafter was called upon to produce his evidence, which he did, and closed his case. The case was set down for arguments. It is at that stage that the defendant made an application purporting to be under Rules 2 and 3 of Order XVIII of the CPC. seeking leave of the Court to adduce his evidence by way of rebuttal on issue No.6. Issue No.6 reads as follows:

(2.) It may be stated that the defendant before he began or at any stage thereafter has not expressed his intention or reserved his right to lead rebuttal evidence on issue No.6. That being the case, the question is whether he should be permitted to produce rebuttal evidence, under Rule 2 or 3 of Order XVIII of the CPC. Order XVIII Rule 3 CPC., provides that:

(3.) It is true that the law does not prescribe a stage at which a party should apprise the Court of his exercising the option under Rule 3 of Order XVIII. But it is reasonable that this should be done before he begins to adduce his evidence, and in any case before the other party begins his evidence, so that it might be borne in mind that the party beginning has not closed his evidence. This view of mine is also supported by the ratio of the decision reported in I.Nookalamma v. I.Simhachalam, AIR 1969 AP. 82. In the instant case, it is found by the trial Court that the defendant has not exercised his option to produce rebuttal evidence at any one of the stages above mentioned. I am, therefore, of the opinion that the petitioner cannot avail himself of the provisions of Order XVIII Rule 3 of the CPC.