VIJAY KUMAR Vs. AJIT KUMAR AND OTHERS

JUDGEMENT

(1.) The prayer in the present petition is for setting aside order dated 25.11.2010 and granting permission to the petitioner to lead evidence in rebuttal to issues No. 2A and 2B, the onus of which was on the defendants.

(2.) Learned counsel for the petitioner has submitted that once an issue, the onus of which was initially on the defendant, the plaintiff has certainly a right to lead evidence in rebuttal. He further submitted that the plaintiff/petitioner had reserved his right to lead the evidence in rebuttal on the issues No. 2A and 2B which were framed on 2.6.2009. In support of this contention, he has placed reliance on the judgment delivered in Ranjit Singh Vs. Mehfil Restaurant, 2008 2 CIVCC 225, wherein it was observed as under:-

(3.) On the other hand, learned counsel for the respondents has placed reliance on the judgments delivered in Tejinder Kaur Versus Kishan Singh and others, 2008 1 RCR(Civ) 485 and Sardara Singh Versus Baljit Singh, 2010 2 RCR(Civ) 14, in order to contend that though the onus of some of the issues was on the defendants, yet the plaintiff cannot be allowed to lead evidence in order to rebut the evidence so led by the defendants.