NEELAM RAI Vs. SURJIT KUMAR

JUDGEMENT

(1.) This petition is directed against the order dated 30.11.2010 passed by the learned Civil Judge (Sr. Division) Kasauli, District Solan whereby he rejected the application filed by the Petitioner (hereinafter referred to as the 'Defendant') and permitted the Plaintiffs-Respondents to lead evidence generally on the whole case, i.e., on all the issues framed.

(2.) To understand the controversy between the parties, it would be pertinent to mention that the following issues were framed on 6.4.2005:

(3.) The onus to prove the first three issues was on the Plaintiffs and onus to prove issues No. 4 to 6 was on the Defendants. The Plaintiffs led evidence on the first three issues and closed their evidence in the affirmative on 7.3.2008. The Defendants thereafter led evidence and closed their evidence on 4.8.2010. Thereafter, the Plaintiffs filed affidavits of S/Sh. Bishan Singh, Hem Raj, Bala Dutt and also filed a list of witnesses of as many as 7 witnesses to be examined in rebuttal. Then the Defendants filed an application claiming that the Plaintiffs had no right to lead rebuttal evidence on issues No. 1 to 3 and submitted that issues No. 4 to 6 were legal in nature and no rebuttal evidence was required to be led.