RAJESH S.M. Vs. U.J. MAHABALA

JUDGEMENT

(1.) This Writ Petition is filed by the plaintiffs challenging the order passed by the trial Court declining to permit them to lead rebuttal evidence in the case.

(2.) The plaintiffs have filed the suit for partition and separate possession of 1/6th share each in the plaint schedule properties. Defendants have filed their written statement contesting the claim. They have set up a Will dated 30.5.1994 executed by Smt. Girijamma, the mother of the plaintiffs and that the properties have to be distributed in terms of the Will. On the aforesaid pleadings, the trial Court has framed the following issues:-

(3.) On behalf of the plaintiffs, two witnesses have been examined. After the closure of the plaintiffs' side, before defendants commenced their evidence, the plaintiffs filed an application under Order XVIII Rule 3 of CPC requesting the Court to permit them to lead rebuttal evidence after the defendants closed their side.