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2006 Supreme(P&H) 3638

S.S.SARON, S.S.NIJJAR
Surjit Singh – Appellant
Versus
Jagtar Singh – Respondent


Judgment

S.S.NIJJAR, J.

1. This Civil Revision has been referred to D. B., in view of the divergent views expressed in some single Bench decisions of this Court on the interpretation of Order 18, Rule 3 of the Code of Civil Procedure (hereinafter referred to as "CPC"). A number of Civil Revisions i.e. CR No. 92 of 2004, 59, 1813, 2992, 3066 of 2005, 286, 287 and 2970 of 2006 have been admitted to be heard along with this CR No. 1213 of 2005. This order will dispose of all the aforesaid Civil Revisions as the law points involved in all the aforesaid Civil Revisions are identical.

2. We have to consider the scope and ambit of the right of the plaintiff to lead evidence in rebuttal, on issues the onus of proof of which is on the plaintiff.

3. We reproduce the entire reference in order to obviate the repetition of the salient facts which are necessary for the adjudication of the reference, as under :-

"Hemant Gupta, J. The defendants are in revision petition aggrieved against the order passed by the learned trial Court permitting the plaintiffs to lead expert evidence in rebuttal.

The dispute in the suit relates to the estate of Kabal Singh who died on 13-6-1997. His daughter Jaspreet K




































































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