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2022 Supreme(Raj) 981

MAHENDAR KUMAR GOYAL
Premchand – Appellant
Versus
Suganchand – Respondent


Advocates appeared:
Mr. Dileep Singh Jadaun, for the Appellant.

ORDER

1. This writ petition under Article 227 of the Constitution of India has been filed by the petitioner-plaintiff assailing the legality and validity of the order dated 08.12.2021 passed by learned Civil Judge, Sawai Madhopur in Civil Suit No.141/2014 (131/2006) whereby, an application filed by the respondent-defendant for confining plaintiff's rebuttal evidence to the extent of issue no.2, has been allowed as also the order dated 07.04.2022 whereby, his application seeking review of the order dated 08.12.2021, has been dismissed.

2. The facts in brief are that in a suit filed by the petitioner for declaration, learned trial Court was pleased to frame two issues including the issue no.2 pertaining to the suit being barred by limitation with its burden of proof upon the defendant. After closure of the plaintiff's evidence, his right of rebuttal evidence was kept reserved. After conclusion of defendant's evidence, the petitioner filed an affidavit in rebuttal evidence whereupon, an application came to be filed by the defendant stating therein that averments in the affidavit of the plaintiff travel beyond the scope of rebuttal evidence which is confined to issue no.2 only. The learn

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