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2018 Supreme(P&H) 4522

RAJ MOHAN SINGH
Parmod Kumar – Appellant
Versus
Bhagat Singh – Respondent


Advocates Appeared:
Mr. Tushant Deep Garg, Advocate, for the Appellant; None, for the Respondent

JUDGMENT

Raj Mohan Singh, J. - Petitioner has assailed the order dated 11.05.2016 passed by the Civil Judge (Sr. Divn.) Patiala, whereby application for leading evidence in rebuttal or in the alternative for adducing additional evidence by way of examining Handwriting and Fingerprint Expert was dismissed.

2. Plaintiff/petitioner seeks to adduce evidence in rebuttal in respect of an issue, the onus of which was upon the plaintiff himself. Such a prayer cannot be granted in view of Surjit Singh and others vs. Jagtar Singh and others, 2007 (1) R.C.R. (Civil) 537 DB and Jagdev Singh and others vs. Darshan Singh and others, 2007 (1) R.C.R. (Civil) 794. and Avtar Singh vs. Baldev Singh, 2015 (1) PLR 230.

3. Faced with the situation, learned counsel for the petitioner submitted that twin prayers were made by the petitioner either to allow him leading evidence in rebuttal or in alternative for granting permission to adduce additional evidence by way of examining the Handwriting and Fingerprint Expert.

4. The evidence of the plaintiff was concluded and was closed by the order of the Court. The said order was never assailed by the plaintiff/petitioner. The evidence of the plaintiff was closed

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