( 1 ) THROUGH this petition the impugned order dated 7th October, 2003, passed by the learned ASJ, whereby the application of the petitioner/plaintiff to produce the evidence in rebuttal was declined has been challenged. So far as the right of the plaintiff to lead the evidence in rebuttal after the closure of the evidence of defendants on the issues onus of which was on the defendant is concerned this right is vested in the plaintiff by virtue of Order 18 Rule 3 CPC, which reads as under:-

"3. Evidence where several issues---Where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option, either produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party; and, in the latter case, the party beginning may produce evidence on those issues after the other party has produced all his evidence, and the other party may then reply specially on the evidence so produced by the party beginning; but the party beginning will then be entitled to reply generally on the whole case. "

( 2 ) THE perusal of the impugned order shows that the application of the petitio