DHARAM SINGH Vs. LABH SINGH AND OTHERS

JUDGEMENT

(1.) Petitioner has filed this revision petition against the order dated 02.02.2016 passed by Civil Judge (Junior Division), Samana, vide which prayer for leading evidence in rebuttal was dismissed.

(2.) Plaintiff filed a suit for joint possession of land measuring 25 kanals, 12 marlas along with declaration and permanent injunction on the basis of natural succession. Defendants appeared in the Court and filed their written statement in which they relied upon unregistered Will dated 17.05.1996. The issue was framed, the onus of which was fastened upon the defendant i.e.

(3.) Apparently, the onus of the issue was on the defendants and therefore, the plaintiff has a right to rebut the same in his rebuttal. It is not a situation where the plaintiff wants to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself. Here is a case, where defendants have set up an unregistered Will in their written statement and necessary issue was framed, thereby putting the onus on the defendants themselves to prove the issue in question.