VISHAVNATH Vs. SATISH KUMAR AND ANOTHER

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India is for setting aside order dated 06.10.2015 [Annexure P/3] passed by Additional Civil Judge [Senior Division], Kurukshetra whereby, the application filed by the petitioner [Defendant No.1 before the trial Court] to disallow the examination of Hand-Writing Expert and other witnesses in rebuttal evidence was dismissed and the plaintiff [respondent No.1 herein] has been allowed to examine the expert witness in rebuttal evidence.

(2.) Relevant facts of the case, that plaintiff Satish Kumar, respondent No.1 herein, has filed a suit for recovery of Rs.40.00 lacs. Defendants denied their liability and took the plea that plaintiff used blank stamp papers and thumb marks and forged and fabricated the agreement to sell in question. Issues were framed and the parties led their respective evidence.

(3.) At the stage of rebuttal evidence and arguments, an application was filed by defendant No.1, the present petitioner, taking the plea that the onus to prove the issues was upon the plaintiff to prove the execution of the alleged agreement. The evidence was to be led in affirmative regarding the genuineness and validity of the agreement. The plaintiff wanted to lead the evidence in rebuttal which was in fact, evidence of affirmative nature and the same could not be allowed.