KULDEEP GARGI Vs. BHAGWAN DAS AND OTHERS

JUDGEMENT

(1.) Petitioner has preferred this writ petition with the following prayer:-

(2.) The matter pertains to partition of a suit property where the defence of ownership by Will has been set up on framing the one of the issues as to whether the petitioner was entitled to ownership of the property in question on account of the Will executed on 24.03.1977 by the mother of the petitioner Smt. Puni Deve. The issue was to be proved by the petitioner-defendant and as soon as the evidence was led by the petitioner defendant which was subsequent to the evidence for other issues which were to be proved by the respondent-plaintiff. The respondent sought rebuttal of the evidence led for proving the issue in question.

(3.) Learned counsel for the petitioner has argued that as per Order 18, Rule 3 of the CPC since the petitioner was the other party and he has produced his evidence subsequently for proving the issue for which the onus lies on him then it was open for the respondent-plaintiff to have rebuttal unless the chance of rebuttal was reserved.