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SUJOY PAUL
Devender Kumar – Appellant
Versus
Pavan Kumar Agarwal – Respondent
ORDER (COMMON)
Though these petitions arise out of different suits and some of the parties may be different, since the issue raised in all the petitions is one and the same, they are heard analogously and are being disposed of by this common order.
2. These Civil Revision Petitions are filed challenging the orders dated 22.01.2024 in O.S.Nos.431, 429, 432, 430 and 433 of 2015 respectively on the file of the Court of XI Additional Chief Judge, City Civil Court, Hyderabad (for short, Court below), wherein the Memos filed by the plaintiffs in the said suits under Order XVIII Rule 3 of Code of Civil Procedure, 1908 (CPC) for reserving their right to lead rebuttal evidence after completion of evidence of the defendants, were recorded permitting the plaintiffs to adduce rebuttal evidence. Challenging the same, the present Civil Revision Petitions are filed.
3. The brief facts of the case is that the said suits were filed by different plaintiffs against different defendants, however, defendant No.1 is common in all the aforesaid suits. When the suits are at the stage of closure of evidence of the plaintiffs, they filed aforesaid Memos under Order XVIII Rule 3 of CPC for reserving their ri
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 court affirmed that plaintiffs can reserve the right to adduce rebuttal evidence without a formal application if communicated timely, aligning with procedural rules.
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.
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.
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 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 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.
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