ANAND PARKASH SAINI Vs. SAINI SABHA TRUST HISSAR

JUDGEMENT

(1.) The defendant filed an application under Order 18 Rule 3 read with Section 151 CPC to restrain the plaintiff from leading rebuttal evidence.

(2.) It has been contended by the defendant in the said application that the plaintiff closed its evidence without reserving its right to lead any rebuttal evidence. The burden of proving the main issue rests only on the plaintiff. The plaintiff had not referred to the documentary evidence sought to be introduced by way of rebuttal evidence even in the application filed seeking permission to introduce additional evidence. It is further contended that in as much as the burden of proving any of the issues had not rested upon the defendant, question of giving opportunity to the plaintiff to rebut the evidence of the defendant would not arise. It is further submitted in the application that the plaintiff cannot be permitted to fill the lacuna through rebuttal evidence.

(3.) The plaintiff in its reply has contended that the burden of proving issues no.3 and 5 rests upon the defendant and, therefore, the plaintiff is entitled to lead rebuttal evidence on those issues. Further, in as much as the issue of jurisdiction could be determined only on the basis of documents produced establishing the completion of the construction of the building, the plaintiff cannot be deprived of its right to lead rebuttal evidence.