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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ajay Mohan Goel, J
Prem Singh Thakur – Appellant
Versus
Life Insurance Corporation of India – Respondent
| Table of Content |
|---|
| 1. challenging trial court's denial for rebuttal evidence. (Para 2 , 3) |
| 2. the importance of reserving rights when closing evidence. (Para 4 , 5 , 8) |
| 3. consequences of not reserving rebuttal rights. (Para 9 , 10 , 11) |
| 4. final decision regarding the petitions' dismissal. (Para 12) |
Ajay Mohan Goel, Judge (Oral)
As common issues of law and facts are involved in both these petitions, the same are being disposed of vide common judgment.
2. The petitioners herein are aggrieved by order dated 03.01.2024, passed by the learned Court below, in which the right of the plaintiff therein in each the cases to lead rebuttal evidence has been closed by the learned Court below by holding that no express
reservation to lead rebuttal evidence was reserved by the learned Counsel for the plaintiff at the time of closing of the statements of the plaintiff.
3. Learned Senior Counsel appearing for. the petitioners submitted that the impugned order is not sustainable in the eyes of law, for the reason that learned Cou rt below erred in not appreciating that as there were cerotain Issues framed, onus to prove which Issues w
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