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MAHENDAR KUMAR GOYAL
Bhairuram – Appellant
Versus
Gopal Gurjar – Respondent
ORDER
1. This writ petition under Article 227 of the Constitution of India assail the legality and validity of the order dated 06.11.2019 passed by the learned Additional District Judge No.2, Jaipur District, Jaipur (for brevity, 'the learned trial Court') whereby, two applications filed by the respondent-plaintiff (for brevity, 'plaintiff') under Order 7 Rule 14 (3) CPC as also for reopening his rebuttal evidence, have been allowed.
2. The relevant facts in brief are that the plaintiff filed a suit in October, 2010 for specific performance of the agreement dated 28.06.1997 and permanent injunction against the petitioners/defendants (for brevity, 'defendants'). The defendants in their written statement filed in the year, 2011, denied execution of the agreement to sell dated 28.06.1997 in plaintiff's favour. After closure of the evidence of the parties including the rebuttal evidence of the plaintiff, the plaintiff filed two applications as stated hereinabove which have been allowed by the learned trial Court vide order dated 06.11.2019, the subject matter of challenge in the writ petition.
3. Learned Senior Counsel for the petitioner submits that despite recording a categorical findin
The court established that reopening evidence must be justified and timely, reinforcing the need for procedural integrity in legal proceedings.
A plaintiff cannot lead evidence in rebuttal as a matter of right on an issue the onus of which is on a defendant, and must reserve the right to do so when his evidence is closed.
The main legal point established in the judgment is the interpretation and application of Order 18 Rule 3 CPC in determining the scope of a party's right to lead rebuttal evidence.
Rebuttal evidence cannot be used to fill gaps in a party's evidence; it must address issues where the burden of proof lies with the other party.
The main legal point established in the judgment is that the observations made by the trial court regarding bonafides of the petitioner must be supported by the record, and the decision to allow the ....
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