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SANJAY DHAR
Khalida Salman – Appellant
Versus
Sahil Ahmad Dar – Respondent
JUDGMENT :
(Sanjay Dhar, J.) :
1. The petitioner has challenged order dated 13.07.2022 passed by learned Sub Judge (City Judge), Srinagar, whereby application of the petitioner (hereinafter referred to as the plaintiff) for producing evidence in rebuttal has been dismissed.
2. It appears that the plaintiff has filed a suit before the trial court seeking a decree of eviction of the respondent (hereinafter referred to as the defendant) from the shop measuring 130 Sqft. situated at 224, Jawahar Nagar, Srinagar. In the plaint it has been claimed by the plaintiff that she is owner of the shop in question and the same has been leased out by her to the defendant who has violated the terms and conditions of the lease agreement. The plaintiff has alleged a number of acts and omissions on the part of the defendant which, according to her, constitute violation of the lease agreement on the basis of which she is entitled to a decree of possession against the defendant.
3. The defendant contested the suit by filing a written statement. In his written statement, the defendant, while admitting the relationship of landlord and tenant between the parties, denied having violated any condition of the le
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.
A party's right to lead rebuttal evidence is forfeited if not reserved before the opposing party begins their evidence, as per Order 18 Rule 3 CPC.
Production of evidence – Requirement of Order XVIII Rule 3 of CPC would be treated to be sufficiently complied with if party leading evidence intimates Court before other party begins its evidence th....
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 plaintiff cannot lead evidence in rebuttal as a matter of right on an issue the onus of which is on the defendant-respondent, and must reserve the right to do so.
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