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2016 Supreme(P&H) 610

K.KANNAN
Jaswant Singh – Appellant
Versus
Jagjit Singh – Respondent


Advocates:
For the Petitioner:Mr. Arun Kaudal, Advocate.

JUDGMENT

Mr. K. Kannan, J.: (Oral) - The revision petition is against the order allowing for evidence to be given by the plaintiff at the stage of rebuttal. In a suit for specific performance of enforcement of agreement to sell, the defence was that the agrement is forged and fabricated and the signatures obtained on blank papers have been filled up with false recitals. There was an issue placing the burden of proof on the proof and genuineness of the Will and subsequently on contention taken by the defendant that the additional issues have to be framed with reference to readiness and willingness and forged character of the instrument, the Court below appears to have framed additional issues also, placing the burden of proof on the defendant and observing at the same time that the additional issues do not require any further evidence.

2. The plaintiff has examined himself and one witness originally and has closed his evidence in the year 2015 that he will not offer any more evidence. The defendant has produced evidence and also examined an expert to state that one of the signatures found in the agreement as that of a marginal witnesse was not of such witness. After the defendant’s e


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