SURESH KUMAR Vs. JOGINDER SINGH

JUDGEMENT

(1.) This revision is directed against the order dated 10.02.2011 passed by the learned Additional Civil Judge (Senior Division), Narwana, whereby an oral request of the plaintiff for rebuttal evidence has been allowed.

(2.) The plaintiff-respondent herein filed a suit for recovery of Rs. 38,00,000/- on the basis of an agreement, in the Court of learned Additional Civil Judge (Senior Division), Narwana. The defendants-petitioners herein, filed written statement of defence and trial of the suit commenced. The plaintiff was allowed to lead evidence which he did. On conclusion of evidence of the plaintiff, the defendants were allowed to lead their evidence. Defendants also concluded their evidence. It was at this stage that the plaintiff made an oral request to the learned trial Court on 04.02.2011 for leave to produce the evidence of expert in rebuttal to prove the signatures of defendant No. 1, Aman Kumar (now deceased) on the agreement to sell dated 21.02.2006 (Annexure P-2).

(3.) This prayer was resisted by the defendants on the grounds that the defendants denied the execution of the agreement in their written statement and, thus, it was obligatory upon the plaintiff to have proved the agreement by leading affirmative evidence which, inter alia, includes evidence of expert. It was further pleaded that the parties have already led evidence and it will have no occasion to rebut the evidence of the plaintiff if permission is granted at this belated stage. The learned trial Court, however, vide the impugned order allowed the oral request of the plaintiff to grant relief to lead evidence in rebuttal by observing that the plaintiff shall compensate the opposite side by costs of Rs. 500/-. Thus, by awarding a cost of Rs. 500/- to the defendants, plaintiff-respondent herein, has been allowed to lead evidence in rebuttal. I have heard the learned counsel for the parties at length.