Arun Palli, J.

1. Pursuant to a reference, dated 07.12.2012, we are seized of the matter. It would be expedient to set out as to what indeed is the issue that has been referred to be resolved by a larger bench. The reference reads as thus:

"Learned counsel for the petitioners/defendants has referred to the provision of Order 18 Rule 3 of the Code of Civil Procedure (for short 'the Code') and cited judgments delivered in Surjit Singh and Others v. Jagtar Singh and Others, 2007 (1) RCR (Civil) 537, which approved the observations made in the cases Swaran Singh v. Bhagwan Singh, 2000 (1) RCR (Civil) 521 and National Fertilizers Ltd. Vs. Municipal Committee, Bhatinda and Another, AIR 1982 P&H 432, wherein it was held that if the plaintiff has led evidence on all the issues and does not reserve the right to lead evidence on the issues the burden of which is on the defendants, then permission to the plaintiff to lead evidence in rebuttal on even those issues the onus of which is upon the defendants cannot be granted as the same would be against the observations made in the aforesaid judgments and would prejudice the rights of the defendants.

To the contrary, it is argued that prov