RAJESH KUMAR Vs. BABITA

JUDGEMENT

(1.) Present Revision Petition has been filed by the petitioners/defendants against order dtd. 6/2/2020 passed by learned Civil Judge (Junior Division), Pehowa whereby application filed by respondent/plaintiff for summoning Dinesh Kaushik, Deed Writer, Tehsil Complex, Pehowa, District Kurukshetra, in rebuttal evidence has been allowed.

(2.) Brief facts of the case are that respondent/plaintiff filed a suit for declaration and permanent injunction claiming to be owner in joint possession of suit land inter-alia, on ground that registered release deed No. 3530/1 dtd. 27/11/2013 was got executed and registered fraudulently by the petitioners/defendants. Petitioners/defendants in their written statement denied the averments in the suit.

(3.) It is vehemently submitted by learned counsel for the petitioners that in the present case onus to prove the issue at hand viz that the release deed dtd. 27/11/2013 is a result of misrepresentation, was on the respondent-plaintiff. It is stated that as per provision of Order 18 Rule 3 of the CPC, it was not open to the respondent to lead evidence in rebuttal on the said issue. Order 18 Rule 3 is reproduced hereunder: