RANJIT KAUR Vs. RAJDEEP KAUR

JUDGEMENT

(1.) The present civil revision petition has been filed by the petitioner/plaintiff no.1 under Article 227 of The Constitution of India for setting aside the impugned order dtd. 22/4/2025 (Annexure P/1) passed by Civil Judge (Jr. Division), Moga, whereby application filed by the petitioner seeking permission to lead additional evidence, was dismissed in case bearing No.CS/275/2021 titled as "Ranjit Kaur and anr Vs. Rajdeep Kaur".

(2.) It is inter alia submitted by learned counsel for the petitioner/plaintiff that the application of the petitioner to lead additional evidence in rebuttal has been wrongly dismissed as the learned trial Court failed to appreciate that the petitioner/litigant cannot be made to suffer on account of fault of the counsel. It is submitted that examination of expert by the plaintiffs in rebuttal is essential for the proper adjudication of the matter and for determining the real controversy on issue No.3. It is submitted that the learned trial Court has failed to consider that procedural law has to be construed liberally. Once the burden to prove the pronotes and receipts was upon the defendant/respondent which included the proof of signatures of testator, the petitioner could not be denied right to rebut the same. It is contended that as the onus to prove the pronotes and receipts was upon the defendant, therefore plaintiffs had the chance to rebut the same only at the stage where the defendant had led the evidence to prove the pronotes and receipts as per statutory provisions of Order 18 Rule 3 CPC. In support, learned counsel for the petitioner relies upon judgment passed by a Coordinate Bench of this Court in CR-296-2020 titled as "Baldev Raj vs. Pawan Kumar", Neutral Citation No. 2024:PHHC:072301.

(3.) It is accordingly prayed that the present revision petition be allowed; and impugned order dtd. 22/4/2025 (Annexure P-1) be set aside.