KANWALJIT KAUR BEDI Vs. PARAMJIT SINGH SAWHNEY

JUDGEMENT

(1.) CM No.13953-CII of 2019 Notice of this application was issued on 08.07.2019. With the concurrence of the parties, the date of hearing is preponed and the main case is taken up today itself.

(2.) Vide impugned order dated 27.02.2017, the application for grant of permission to allow handwriting expert to take photographs of various documents was dismissed on the ground that the plaintiff can lead rebuttal evidence only in respect of an issue, the onus of which was on the defendants. It was also observed that the plaintiff has not made clear as to which document, the plaintiff wanted to take photographs and for what purpose. Handwriting expert is to be examined at the rebuttal stage.

(3.) Thereafter, another application was filed under Section 151 CPC on the premise that the plaintiff wishes to lead rebuttal evidence to rebut the photocopy of Will of late Sh. H.S. Sawhney as the same has been produced in the secondary evidence in pursuance of order dated 11.10.2017 passed by this Court in CR No.3794 of 2016. Plaintiff submitted that under Order 18 Rule 3 CPC, party/defendants have led evidence in respect of Will only after taking permission for leading secondary evidence, therefore, the plaintiff is entitled to rebut the evidence of the defendants at rebuttal stage. Since the defendants have relied upon Will in their defence evidence, therefore, in addition to the cross-examination done by the plaintiff, she is entitled to lead evidence in rebuttal as well. Both the aforesaid orders were passed when CR No.3794 of 2016 was pending in the High Court and was ultimately decided on 11.10.2017.