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ALKA SARIN
Billi Mahant – Appellant
Versus
Roopa Mahant Chela Krishna Mahant – Respondent
JUDGMENT
Alka Sarin, J. (Oral) - The present revision petition under Article 227 of the Constitution of India has been filed for setting aside the orders dated 13.02.2014 and 24.12.2015 whereby the Trial Court closed the evidence of the petitioner by order and further did not allow the petitioner to tender the affidavit of Billi Mahant as RPW1/A in rebuttal evidence.
2. The brief facts relevant to the present lis are that the plaintiffpetitioner filed a suit for declaration to the effect that writing dated 25.10.2010 propounded by the defendant-respondent is illegal, null and void and ineffective qua the rights of the plaintiff-petitioner.
3. On the basis of the pleadings, the following issues were framed by the Trial Court :
1. Whether the plaintiff is entitled to the declaration as prayed for ? OPP
2. Whether the plaintiff is entitled to the permanent injunction as prayed for ? OPP
3. Whether the defendant is entitled to permanent injunction as prayed for in counter claim ? OPD
4. Relief.
4. The evidence of the plaintiff-petitioner was closed by order on 13.02.2014. An affidavit of the plaintiff-petitioner had earlier been filed as PW-1/A while leading the evidence in affirmative.
5. The
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 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 plaintiff-respondent has the right to lead evidence in affirmative on issues the onus of which was cast upon her.
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.
The main legal point established in the judgment is the interpretation and application of Order 18 Rule 3 CPC in determining the scope of a party's right to lead rebuttal evidence.
A party in a civil suit has the right to lead rebuttal evidence on issues where the burden of proof lies on the opposing party, even if the party has the burden of proof on other issues.
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