J.S.NAGARAJ Vs. SYED IDRIS

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is filed challenging the order dtd. 25/6/2016 passed by the Court of City Civil Judge, Bengaluru, in O.S.No.4952/2007 rejecting IA nos.15 and 16 filed by the petitioners.

(2.) Heard the learned Counsel for the parties and also perused the material available on record.

(3.) Facts leading to filing of this petition narrated briefly are, petitioners had filed O.S.No.4952/2007 before the Trial Court seeking the relief of specific performance. In the said suit, the contesting defendants had filed their written statement and opposed the suit claim. The Trial Court had framed as many as 13 issues in the said suit. Since the issues which were framed in the suit cast the burden on both the parties to the prove the same, after completion of plaintiffs evidence on several issues, the plaintiffs had filed a memo on 10/7/2012 reserving his right to lead rebuttal evidence under Order XVIII Rule 3 CPC after completion of defendants side evidence. The said memo was taken on record by the Trial Court. Thereafter, the defendants had completed their evidence and when the suit was posted for the purpose of arguments, IA nos.15 and 16 were filed by the plaintiffs to re-open the case and to permit the plaintiffs to lead rebuttal evidence. The said applications were opposed by the defendants by filing objections and the Trial Court vide the order impugned had dismissed the said applications and being aggrieved by the same, the plaintiffs are before this Court.