JAGDISH PRASAD JAIN Vs. KANTA PRASAD

JUDGEMENT

(1.) THE present petition has been filed by the petitioner-defendant challenging the order dated 14.12.2011, passed by the Civil Judge, (J.D.), Kumher (Bharatpur), and the order dated 4.1.2012 passed by the same Court, in Civil Suit No. 371/2011(Original Suit No. 62/96), whereby the trial court has allowed the respondents-plaintiffs to lead evidence in rebuttal.

(2.) IT has been submitted by learned counsel Mr.Manish Kumar Sharma for the petitioner-defendant that the respondents are trying to fill in the lacuna by producing the documents in rebuttal, which is not permissible. Relying upon the judgments of various High Courts, the learned counsel has submitted that the plaintiff cannot be permitted to lead evidence in rebuttal on an issue on which the burden of proof was on him and had sufficient opportunity to lead evidence at the first instance. He also submitted that the document sought to be exhibited, during the course of cross-examination of the defendant was the document produced by the respondents along with the plaint, however, the same was not got exhibited during their evidence and, therefore, the trial court has committed an error in permitting the respondents-plaintiffs to prove the said document and lead evidence in rebuttal.