Shiv Narayan Dhingra, J.

By this petition, the petitioner has assailed an order dated 28.2.2007 whereby the learned Sr. Civil Judge observed that the plaintiff (petitioner herein) had no right to lead evidence in rebuttal after the closure of evidence of defendant. In this case three issues were framed by the Trial Court; onus of proving two issues was on the defendant and one issue was to be proved by the plaintiff. The plaintiff examined its witnesses thereafter the defendants examined their witnesses and after examination of defendants' witnesses, the plaintiff sought leave to lead evidence in rebuttal in view of issues No. 1 & 2 framed in the case wherein onus was placed on the defendants to prove. Plaintiff's counsel drew attention of learned Sr. Civil Judge to Order 18 Rule 1, 2 & 3 CPC, the learned Sr. Civil Judge observed that Order 18 Rule 3 was not with regard to leading evidence but was only in regard to advancing final arguments by parties.

2. The Counsel for the respondent submitted that petitioner could have led evidence in rebuttal only if the petitioner had reserved its right to lead evidence in rebuttal after the petitioner had examined its witnesses finally. Since t