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2015 Supreme(P&H) 24

G.S.SANDHAWALIA
Belo Devi – Appellant
Versus
Urmila Devi – Respondent


Advocates:
For the Petitioner:Mr. Harkesh Manuja, Advocate.
For the Respondents:Mr. Ajay Ghangas, Advocate.

JUDGMENT

Mr. G.S. Sandhawalia J.: - Challenge in the present revision petition, filed under Article 227 of the Constitution of India, by the petitioner-plaintiff, is to the order dated 03.03.2011, whereby the Civil Judge(Jr.Divn), Panipat has dismissed the application to lead evidence on issues No.2 & 2-A, in rebuttal, in the suit instituted on 03.01.2004 or in the alternative, as additional evidence. The reasoning given by the Trial Court is that since the onus of issue No.2-A was on the plaintiff, he could not lead evidence in rebuttal. Reliance was placed upon the judgments of this Court in Surjit Singh Vs. Jagtar Singh, [2006(4) Law Herald (P&H) 3199 (DB)] : 2007 (1) RCR (Civil) 537 and Jagdev Singh & others Vs. Darshan Singh & others, [2007(3) Law Herald (P&H) 1854 (DB)] : 2007 (1) RCR (Civil) 794.

2. In order to decide whether the said order is justified or not, it would necessarily entail delving into the facts as to what was the dispute between the parties before coming to the finding whether the Trial Court was right in placing reliance upon the Division Bench judgments of this Court, referred above.

3. The petitioner-plaintiff filed the suit, being daughter of Chandro Dev





























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