DARSHAN SINGH AND ANR. Vs. SAVINDER KAUR

JUDGEMENT

(1.) PLAINTIFF has filed a suit for possession on the basis of title and as a consequential relief suit for declaration that the sale deeds dated 20.5.1987, 3.6.1987, 25.8.1987 and 16.12.1987 were illegal, null and void. Mutations, sanctioned on the basis of the said sale deeds, were also challenged by the Plaintiff. Parties led their evidence in the affirmative. Now the case is listed for rebuttal evidence of the Plaintiff, if any and arguments. In the rebuttal evidence, Plaintiff has examined hand writing expert, in chief on 3.3.2011 and the cross examination of the expert has been deferred.

(2.) LEARNED Counsel for the Petitioners has submitted that an expert could not be examined by way of rebuttal evidence as there was no such an issue which entitled the Plaintiff to examine the hand writing expert in rebuttal evidence.

(3.) LEARNED Counsel for the Petitioner has next placed reliance on Jai Narain v. Satya Narain and Ors., 2008 (2) CCC 274 wherein it was held as under: