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ALKA SARIN
Simarjit Kaur @ Simerjeet Kaur @ Simarjeet Kaur – Appellant
Versus
Maninder Kaur – Respondent
ORDER
Alka Sarin, J. - The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 16.04.2022 (Annexure P-12) whereby application filed by the defendant-petitioner for rejection of the affidavit of witness Narjit Singh Dhillon has been dismissed.
2. Brief facts relevant to the present lis are that in the present case vide order dated 21.07.2017, the Civil Judge (Junior Division), Kurukshetra directed the defendant-petitioner to lead her evidence first as burden to prove issue nos.l and 2 was upon the defendant. Thereafter, the defendantpetitioner closed her evidence vide a separate statement dated 29.01.2020 and the case was adjourned for rebuttal evidence. The plaintiff-respondent had not led any evidence in affirmative. Vide order dated 09.02.2021 the plaintiff-respondent was ready to deposit the diet money for the witnesses. Thereafter, the affidavit of one Narjit Singh Dhillon was filed in evidence by the plaintiff-respondent. The defendant-petitioner moved an application (Annexure P-10) for rejection of the affidavit of Narjit Singh Dhillon on the ground that the plaintiff-respondent could not be directed to lead eviden
The plaintiff-respondent has the right to lead evidence in affirmative on issues the onus of which was cast upon her.
The plaintiff cannot lead evidence in rebuttal as a matter of right on an issue the onus of which is on the defendant-respondent, and must reserve the right to do so.
A party's right to lead rebuttal evidence is forfeited if not reserved before the opposing party begins their evidence, as per Order 18 Rule 3 CPC.
A plaintiff cannot lead evidence in rebuttal as a matter of right on an issue the onus of which is on a defendant, and must reserve the right to do so when his evidence is closed.
The main legal point established in the judgment is that the plaintiff does not have a right to lead evidence in rebuttal on issues in which the onus of proof is on the plaintiff, as per the interpre....
The main legal point established in the judgment is that a party can only lead evidence in rebuttal if it reserves the right to do so while closing its evidence in the affirmative or before the comme....
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