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NUPUR BHATI
State Of Rajasthan – Appellant
Versus
Uma Sanghi W/o Shri N. K. Gandhi, (Died) – Respondent
ORDER :
1. Though the matters have been listed in the "Fresh" category, upon the joint request of the parties, the matters are being heard finally and disposed, today itself.
2. The writ petitions have been filed by the petitioner/plaintiff under Article 226 and 227 of the Constitution of India challenging the order dated 21.09.2024 passed by learned Additional District Judge No. 3, Udaipur in Case No. 36/1996, whereby the application under Order VII Rule 14(3) of the Code of Civil Procedure, 1908 ('CPC') filed by the petitioner-plaintiff as well as the affidavit filed by the petitioner/plaintiff in rebuttal evidence, have been rejected.
3. Since both the writ petitions have been filed, laying challenge to the common impugned order dated 21.09.2024 (Annex.8), therefore, the same are being decided by this common order, however the facts of S.B. Civil Writ Petition No. 17729/2024 are illustratively taken.
4. S.B. Civil Writ Petition No. 17728/2024 has been preferred with the following prayers:
i) By
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A party in a civil suit has the right to lead rebuttal evidence on issues where the burden of proof lies on the opposing party, even if the party has the burden of proof on other issues.
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