S.D.ANAND, J. - The following facts are apparent from the record:

Initially, the evidence of the plaintiffs-respondents was ordered to be closed under the orders of the Court. That order was set aside by this Court, vide order dated 31.03.2006 and the plaintiffs - respondents were afforded one opportunity to produce their entire evidence. Prior to the closure of the evidence of the plaintiffs - respondents, Navdeep Singh (one of the plaintiffs) had appeared as PW1 in affirmative evidence. He did appear, for facing cross-examination, on 09.06.2006, but did not appear thereafter for completion of the cross-examination. It was thereafter that the evidence of the plaintiffs-respondents was ordered to be closed under the orders of the Court. Even after the allowance of the petition by this Court, Navdeep Singh plaintiff-respondent did not appear for cross-examination. However, the affidavits of Navdeep Singh aforementioned and also of one P.S. Sodhi were tendered in rebuttal evidence.

2. The defendant - petitioner raised a plea before the learned Trial Court that the affidavits being relatable to the evidence of the affirmative character could not be validly accepted in rebutta