JAGDISH CHAND MEHTA Vs. SANDEEP

JUDGEMENT

(1.) This petition is directed against order dated 23.04.2008, whereby the learned Civil Judge (Senior Division), Sirmaur District at Nahan, has recalled his earlier order dated 13.11.2007 and has held that the petitioner (hereinafter referred to as the plaintiff) is not entitled to lead any rebuttal evidence.

(2.) The plaintiff filed a suit in the Court of learned Civil Judge (Senior Division), Nahan praying that a decree of mandatory injunction directing the defendants to hand over the vacant portion of the suit premises and in the alternative for recovery of possession be passed against the defendants. The defendants Whether the reporters of local papers may be allowed to see the Judgment? Yes. contested the suit and on the pleadings of the parties, following issues were framed: 1. Whether the plaintiff is entitled to possession of the premises in dispute as alleged? ... OPP 2. Whether the; plaintiff has no locus standi to sue as alleged? ...OPD 3. Whether the suit is bad for non-joinder of necessary parties, as alleged? ...OPD 4. Whether the suit has not been properly valued for the purpose of court fee and jurisdiction, as alleged? ...OPD 5. Whether the suit is legally tenable, as alleged? ...OPD 6. Whether the maternal grand-father of the plaintiff and his brother executed a valid will dated 01.05.1986 Bikrami in their favour, as alleged? ...OPD 7. Whether the plaintiff has no cause of action as alleged? ...OPD 8. Whether the defendant is entitled to special costs, if so, to what amount? ...OPD 9. Relief. Thereafter, the plaintiff led evidence. The evidence of the defendants was closed on 13.11.2007, when the learned trial Court passed the following order:

(3.) Thereafter, the defendants filed an application that the plaintiff was not entitled to lead any rebuttal evidence since none of the issues, of which onus lie on the defendant, was a factual issue and all of them were legal issues and the defendants have not led any evidence on these legal issues. The two issues on fact are only issues No. 1 & 6 and the other issues, i.e. issues No. 2 to 5, 7 and 8, burden to prove which was on the defendants are legal issues and no evidence was led by the defendants since they can be decided without leading any evidence.