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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Gajraj Singh – Appellant
Versus
Ashok – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. This is a civil revision petition under Article 227 of the Constitution of India for setting aside the order dated 09.01.2025 passed by trial Court, vide which the application filed by the petitioners for the examination of the fingerprint expert has been dismissed.
2. The plaintiffs/petitioners had filed a suit for declaration by relying upon the family settlement which was allegedly arrived at in the year 2002 and regarding which there was a writing dated 26.12.2002. The said suit was filed in the year 2019. In the written statement filed by the contesting respondents No.1 and 2/defendants No.1 and 2, it was denied that any such family settlement ever took place and it was stated that no such family settlement was ever signed by the answering defendants or other legal heirs and the said alleged family settlement was never reflected in the revenue records as contemplated under Section 123 of the Punjab Land Revenue Act, 1887.
3. It is not in dispute that the plaintiffs have led their evidence and in spite of the above stand taken by the contesting respondents No.1 and 2/defendants No.1 and 2, no fingerprint expert had been examined by the petitioners and
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 is entitled to present rebuttal evidence regarding a Will introduced after the closure of his affirmative evidence, emphasizing procedural fairness in the burden of proof.
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