SANJAY AND ORS. Vs. SHAKUNTLA DEVI AND ORS.

JUDGEMENT

(1.) VIDE this order above mentioned two petitions would be disposed of as they have arisen out of the same order. Petitioners/defendants by way of above two petitions have challenged the order dated 10.03.2014.

(2.) LEARNED counsel for the petitioners have submitted that the trial Court has erred in allowing the application moved by the plaintiff to examine witnesses in rebuttal. The witnesses now sought to be examined could have been examined by the plaintiff while leading her evidence in the affirmative as they relate to issue No. 2. Onus to prove issue No. 2 was on the plaintiff.

(3.) LEARNED counsel for respondent No. 1, on the other hand, has opposed the petitions and has submitted that the witnesses now sought to be examined were necessary for the just decision of the case. The plaintiff merely wanted to prove the documents on record which she had received by seeking information under the Right to information Act, 2005, after she had closed her evidence in the affirmative.