GAJADHAR SINGH Vs. GULAB BAI

JUDGEMENT

(1.) Petitioner/ plaintiff has filed his petition under Article 227 of the Constitution of India, aggrieved by the order dated 24.6.2009 passed by Civil Judge Class II, Mungaoli in Civil Suit No. 152-A/2008, whereby the trial Court rejected the prayer of the plaintiff to lead evidence in rebuttal of the evidence adduced by the respondents/defendants.

(2.) Facts of the case are, the petitioner/plaintiff has filed a suit for declaration and injunction with regard to agricultural land situated at village Deccan, Tehsil Mungaoli, District AshokNagar, claiming himself to be possessor of the concerning land since last more than 50 years. In this case,the respondents/defendants have filed reply that they are the real owners of the suit land and plaintiff has dispossessed them on20.1.1984 and with this reply,they also filed a Counter-claim for possession of the disputed land. In this case,learned trial Court has given near about six opportunities to the petitioner/plaintiff to lead evidence but plaintiff always failed to produce any evidence in support of his claim, therefore, the learned trial Court has closed the plaintiff evidence and thereafter, directed the respondents/defendants to adduce their evidence. When, the plaintiff cross- examined the defendants' evidence, thereafter, he filed an application under Order 18 Rule (3) (A) of CPC for permission to lead evidence in rebuttal of the evidence adduced by the defendants. Learned trial Court by the impugned order rejected the aforesaid prayer. Hence, this petition.

(3.) Considering the facts of the present case, it is apparent that it is choice of plaintiff to adduce evidence in support of his pleadings and on issue Nos. 1 and 2. The remaining issues are on the ground of denial of plaintiff's title, therefore, it is the defendants who are having right of rebuttal of the plaintiff case and in such circumstances the aforesaid case law cited by the counsel for the petitioner is not applicable to the facts of the present case.