MAHABIR SINGH Vs. ONKAR SINGH

JUDGEMENT

(1.) By way of this petition, petitioner has assailed order dated 04.01.2019, passed by the Court of learned Civil Judge (Jr. Divn.), Court No. 3, Ghumarwin, District Bilaspur, vide which, request of present petitioner, who is the plaintiff before the learned trial Court, for leading rebuttal evidence stands rejected on the ground that evidence of the petitioner/plaintiff was closed on 24.07.2018 as in the statement made on behalf of the petitioner, the right of leading rebuttal evidence was not reserved by the plaintiff.

(2.) Learned Senior Counsel appearing for the petitioner has argued that the order so passed by learned Court below whereby the right of the petitioner to lead rebuttal evidence has been rejected is perverse because while doing so, learned Court below has erred in not appreciating that there was no occasion for the petitioner to have had reserved any right to lead rebuttal evidence because petitioner/plaintiff closed its additional evidence on 24.7.2018 and right to lead rebuttal evidence already stood granted to it by the same Court vide order dated 24.5.2016.

(3.) On the other hand, learned Counsel for the respondents have argued that there is no perversity with the order impugned because when on 24.7.2018, no request was made by the petitioner/plaintiff before the learned Court below reserving right to lead rebuttal evidence, but obvious, learned Court has to reject the prayer so made in this regard subsequently.