IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ajay Mohan Goel, J
Raj Kumar – Appellant
Versus
Sita Ram and others – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge against trial court's order. (Para 2 , 3 , 4 , 5) |
| 2. court emphasized procedural rights for rebuttal evidence. (Para 6 , 7) |
Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioner has assailed the order passed by learned Trial Court dated 09.03.2023, in terms whereof, the learned Trial Court has ordered that the case be listed for rebuttal and arguments on 25.03.2023. The impugned order reads as under:-
“Statement of DW-2 recorded. DWs closed vide separate statement of ld. Counsel for defendant No. 2. Be listed for rebuttal and arguments on 25.03.2023.”
2. Learned Counsel for the petitioner argued that the impugned order is per se bad for the reason that in view of the fact
that no right of rebuttal was reserved by the plaintiff at the time when evidence of the plaintiff was closed by the Court, no right was conferred upon the learned Trial Court to grant this right to the plaintiff, as has been done in terms of the impugned order. Accordingly, he prayed that the impugned order be set aside and learned Trial Court be directed to hear the arguments in the case
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