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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Jaspal Singh – Appellant
Versus
Kuldeep Kaur – Respondent
JUDGMENT :
ALKA SARIN, J.
1. The present revision petition has been filed challenging the order dated 16.12.2023 (Annexure P-1) vide which an application to produce additional evidence was dismissed and the order dated 06.10.2023 (Annexure P-2) vide which an application to lead evidence in rebuttal was also dismissed.
2. Learned counsel for the plaintiff-petitioner, at the outset, states that he does not wish to lay any challenge to the order dated 06.10.2023 (Annexure P-2) passed on the application for leading evidence in rebuttal. Learned counsel, however, states that the suit filed by the plaintiff-petitioner is for possession by way of specific performance of agreement to sell dated 13.02.2012 and in the alternative for recovery of an amount of Rs.10,60,000 along with interest. In the written statement (Annexure P-5), a specific stand taken by defendant-respondent No.1 is that her signatures had been taken on blank papers however there was no denial that the signatures/thumb impression were of the defendant-respondent. It is further the contention of the learned counsel that during cross-examination (Annexure P-8), defendant- respondent No.1 who appeared as DW-1 had stated that s
The plaintiff must be granted an opportunity to lead additional evidence to rebut a new defense of signature denial raised by the defendant during cross-examination.
The court established that rebuttal evidence can include affirmative evidence and that both parties must have the opportunity to present their evidence to ensure a fair trial.
The right to lead evidence in rebuttal is limited by the onus of proof on the party seeking to lead such evidence, and the provisions of the Civil Procedure Code must be followed as they are, regardl....
The court emphasizes that additional evidence can only be admitted if justified; belated applications to cover previous omissions are generally not permitted unless no objection is raised regarding a....
The importance of comparing disputed signatures with standard signatures from previous cases to rule out any disguise and escape from liability.
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 onus to prove the validity of the agreement lies with the defendant, and the plaintiff cannot be allowed to lead evidence in rebuttal at a later stage.
The court upheld the trial court's decision to allow additional evidence for thumb impression comparison, emphasizing the necessity of expert opinion in determining the authenticity of documents in s....
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.
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