MOHIT BROTHERS Vs. RAVEE KNITTING

JUDGEMENT

(1.) This petition has been filed by the defendant now petitioner against the order dated 23.01.2006 of Civil Judge ( Junior Division ), Amritsar whereby request of the plaintiff now respondent for leading evidence in rebuttal was allowed.

(2.) Counsel for the petitioner argues that the onus of the debatable issue was on the plaintiff and other issues are just legal in nature and no rebuttal evidence could have been allowed. He also argues that plaintiff while closing the evidence in affirmative, did not reserve his right for leading evidence in rebuttal.

(3.) Counsel for the petitioner further argues that the matter is covered by a Division Bench judgment of this Court in the case of Surjit Singh & Ors. v. Jagtar Singh & Ors. AIR 2007 Punjab & Haryana 1. I have gone through the facts of the case and authority relied upon and also the order of the Court below in which defendant has already been given an opportunity to cross examine the witness.