Back
NAMIT KUMAR
Anjana – Appellant
Versus
Rajinder Kumar – Respondent
| Table of Content |
|---|
| 1. petitioner's application for further evidence was dismissed. (Para 1 , 2) |
| 2. counsel presented conflicting arguments about the legality of evidence. (Para 3 , 4) |
| 3. the petitioner's right to submit evidence was evaluated. (Para 5 , 6) |
| 4. legal framework restricts rebuttal evidence after party closure. (Para 7 , 8) |
| 5. the court decision upheld the trial court's ruling. (Para 9) |
Judgment
Mr. Namit Kumar, J.
Instant revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 13.01.2023 (Annexure P-9) passed by the Court of learned Civil Judge (Junior Division), Chandigarh, whereby application filed by the plaintiff-petitioner under Order 18 Rule 3 read with Section 151 CPC for allowing her to lead further evidence after framing additional issue No.1-A, has been dismissed.
2. Brief facts relevant for disposal of the present revision petition are that petitioner along with her mother filed a suit for declaration to the effect that alleged transfer deed dated 13.03.2009 executed by defendant No.2 in favour of defendant No.1-respondent is null and void and is a result of fraud and undue influence having no effect on the rights of
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 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.
The main legal point established in the judgment is the interpretation of the provisions of Order XVIII Rule 3 of the CPC and the determination of what qualifies as rebuttal evidence in a civil suit.
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.
Rebuttal evidence may be presented even after closure of evidence if necessary to ensure fairness and justice in legal proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
