KRISHAN LAL Vs. SUKH RAM

JUDGEMENT

(1.) Admitted facts giving rise to this case are, that a suit was filed by Respondents Bhag Singh, Hira Singh, Sundri Devi and Kamla Devi against Sunder. This suit was for possession of land as detailed in the plaint. After framing of issues, Plaintiffs tendered evidence by way of documents in the affirmative and reserved their right to lead evidence in rebuttal. Impugned order shows that after number of opportunities for leading such evidence, Defendant admittedly did not lead any evidence. Finally by order of the Court Defendant's evidence was closed.

(2.) It may be appropriate to notice here that onus to prove issues No. 1 to 3 was on the Plaintiffs, whereas of 4 to 7, was on Defendant. In the absence of any evidence having been led by the Defendant, Plaintiffs started leading evidence in rebuttal. This was objected to by the Defendant. This objection was over-ruled and consequently Plaintiffs were allowed to lead evidence in rebuttal. It is against this order that present petition has been filed.

(3.) In this background, before dealing with respective contentions urged on behalf of the parties, legal position needs to be noted.