JASWANT KAUR Vs. DEVINDER SINGH

JUDGEMENT

(1.) What is the last stage for exercising the option to reserve the right of rebuttal to the evidence adduced by the other party under O. 18 R. 3 is the core question in this set of five civil revisions which are before us on a reference.

(2.) The facts relevant to the common question aforesaid may be briefly noticed from C.R. 372 of 1982--Jaswant Kaur v. Devinder Singh. The plaintiff- respondents had brought a suit for permanent injunction restraining the defendant-petitioners from interfering in the agricultural land in their possession. On the pleadings of the parties a number of issues were framed and the burden of proof thereof was rested respectively on the plaintiffs or the defendants. The plaintiffs who apparently had the right to begin had not concluded their evidence both in the 19th of May, 1981 the plaintiff counsel made a statement that he was closing his case in affirmative only. At a later stage when the plaintiffs wished to lead evidence is rebuttal, an application was preferred on behalf of the defendants praying that the plaintiffs should be disallowed from doing so because the option to reverse the right to rebuttal had not been expressly exercised at the very outset. The trial Court by a detailed order rejected the said application holding inter alia that the statement given by the plaintiffs' counsel that he was closing the evidence in the affirmative had implicit therein that the right of rebuttal stood reversed.

(3.) This set of civil revisions first came up before my learned brother S. P. Gupta J. Before his reliance was sought to be placed on certain observations in Civil Revision No. 1406 of 1981, National Fertilisers Ltd., Bhatinda v. Municipal Committee, Bhatinda, decided on 26th February, 1982 : (reported in AIR 1982 Punj & Har 432). Noticing the significance of the issue involved and expressing some doubt about the correctness of the view in National Fertilizers' case (supra) the matter was referred to a larger Bench.