BAXIRAM Vs. ASHWANI KUMAR

JUDGEMENT

(1.) THIS is a revision application by one of the defendants against an order of the trial court refusing to allow him to produce witnesses in rebuttal of the evidence of the plaintiff.

(2.) THE burden of proving all the issues which were framed in the suit was placed on the plaintiff in the present suit. THEse issues were framed on 4th August, 1962. THE plaintiff closed his evidence on 5th May, 1964 and 30th May, 1964 was fixed for recording the evidence of the witnesses of the defendant. THE defendant filed his list of witnesses on 9th May, 1964. 28th May, 1964 was declared as a public holiday. THE case was adjourned to a future date and the witnesses named in the list filed by the defendant were summoned for that date. On the date fixed for recording their evidence the plaintiff raised an objection that the evidence of these witnesses should not be recorded as the defendant had not filed a list naming them, within one month of the framing of the issues. THE attention of the trial court was drawn to the proviso to sub-rule (i) of rule 1 of order 16 C. P. C. which runs as follows: "provided that a party giving evidence in rebuttal may file a supplementary list of witnesses with the permission of the court not later than fifteen days from the date of closure of the evidence of his opponent. " and it was contended that since the burden of proving all the issues framed in the suit had been placed on the plaintiff the defendant wanted to adduce evidence in rebuttal only and he was entitled to file a list of such witnesses within fifteen days of the closure of the evidence on behalf of the plaintiff.