VIKRAM SIDHU Vs. ASHOK KUMAR

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 14.05.2012 (Annexure P/1) passed by learned Additional Civil Judge (Senior Division) Kurukshetra whereby prayer of the respondent/plaintiff for leading rebuttal evidence has been allowed.

(2.) Brief facts relevant for disposal of the case are that respondent-plaintiff filed a suit for recovery of Rs.31,59,640/- along with interest as an indigent person. In the said suit, petitioner-defendant filed his written statement dated 08.11.2010. Respondent-plaintiff also filed replication to the written statement filed by petitioner-defendant. From the pleadings of the parties, vide order dated 17.12.2010 (Annexure P/5), the learned trial Court has framed the following issues:-

(3.) Thereafter, respondent-plaintiff led his evidence in affirmative as the onus to prove issue no.1 is on the plaintiff. After closure of evidence, the respondent-plaintiff moved an application for leading rebuttal evidence which has been allowed vide impugned order. Hence, this revision petition.