Mr. M.M.S. Bedi, J.: (Oral) - This is defendant’s No.1 revision petition against order dismissing this application for putting off the record an affidavit Ex.PW1/B in the shape of examination-in-chief tendered by plaintiff- respondent No.1 at the rebuttal stage, inter-alia on the ground that deposition has been made by the plaintiff- respondent that he is owner to the extent of 1/3rd share in the house which is beyond the pleadings.

2. I have heard learned counsel for the petitioner. On asking of the Court, he has informed that the cross-examination of the plaintiff respondent has not yet been conducted by the counsel for the defendant petitioner before the trial Court till date.

3. In context to the issues framed, it has been argued by counsel for the petitioner that onus of certain issues has been wrongly placed. It has also been submitted that at rebuttal stage the averment made in the deposition in affidavit Ex.P8= Ex.PW1/B require to be taken of the record.

4. I have carefully gone through the contentions of learned counsel for the petitioner. Without expression of any opinion regarding the propriety of the issues framed, onus placed or the extent of evidence which can