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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUVIR SEHGAL
Sukhdeep Singh – Appellant
Versus
Harbant Kaur – Respondent
JUDGMENT :
Suvir Sehgal, J.
Assailing order dated 02.05.2016, Annexure P-9, passed by Civil Judge, Junior Division, SBS Nagar, whereby application filed for leading additional evidence by examining a handwriting expert has been declined, petitioner/plaintiff No.1 has approached this Court, by way of present revision petition.
2. Counsel for the petitioner has urged that dispute pertains to a Will dated 25.03.2010, which was executed by Bachan Kaur @ Gurbachan Kaur, who had thumb marked it. He submits that in order to prove the due execution of the Will, comparison of thumb impression of the testator with her standard thumb impression on the registered Power of Attorney dated 11.06.2001 is essential. It is his case that the petitioner could not lay his hands on the original Power of Attorney, which is an admitted document and after locating it, application Annexure P-7 has been filed, but the trial Court has erred in rejecting the application, while holding that an expert cannot be examined in rebuttal, nor can additional evidence be produced by the plaintiff. He has contended that the Court has wide powers under Section 151 CPC to permit production of additional evidence at any stage
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.
Rebuttal evidence may be presented even after closure of evidence if necessary to ensure fairness and justice in legal proceedings.
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.
Production of evidence – Requirement of Order XVIII Rule 3 of CPC would be treated to be sufficiently complied with if party leading evidence intimates Court before other party begins its evidence th....
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.
The court affirmed that plaintiffs can reserve the right to adduce rebuttal evidence without a formal application if communicated timely, aligning with procedural rules.
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