...(1) The short question in this revision is whether the plaintiffs have lost their right to adduce rebuttal evidence in view of the fact that they failed to reserve such a right when th...evidence on this issue and hencs they may be permitted to adduce rebuttal evidence on this issue. It was contested by the defendants stating that the plaintiffs did not reservetheir right adduce ...defendants and dismissed the application. It held that the plaintiffs did not reserve his right to adduce evidence by way of rebuttal and he must reserve such a right before the commencement of the ...

...identical.2. We have to consider the scope and ambit of the right of the plaintiff to lead evidence in rebuttal, on issues the onus of proof of which is on the plaintiff.3...the plaintiff has not reserved the right to lead evidence in rebuttal. A Single Bench of this Court relying upon Kashmir Kaur's case (supra) has held that the plaintiff has a right to lead ...only right available with the plaintiff is to reserve its right to lead evidence on certain issues, the onus of which was on the other party. That may not include right to lead ...

...the plaintiff-respondent that she had no oral evidence to adduce on Issue No. I. She also filed a memo dated 7-7-1980 on 8-7-1980 to reserve her right to produce rebuttal evidence on Issu...and the respondent-plain tiff sought for permission to adduce rebuttal evidence. This was opposed by the petitioner-defendant on the ground that the respondent-plaintiff had closed her side and before closing her side she h...rebuttal evidence. The Court below has over-ruled this objection and has allowed the respondent-plaintiff to produce rebuttal evidence;2. It was contended by Sri H.G Hande, learned Counsel f...

...plaintiffs have closed their evidence in affirmative on additional issues. However, even if the defendants have not led any evidence, the plaintiffs have a right to rebuttal evidence on the additi...to lead rebuttal evidence i.e by examining Handwriting Expert, on additional Issue No. 2-A.The dispute between the parties is regarding the inheritance of the estate of one Prithvi...the evidence then he will give rebuttal evidence.”Learned counsel for the petitioners (defendant Nos. 1 to 3) has vehemently argued that the plaintiffs wish to fill up the lacunae in...

...admitted facts noticed supra and in addition, that allowing the applications would amount to abuse of process of law, while, the question of adducing rebuttal evidence did not arise since no leave was sought before or at th...rebuttal evidence by way of answer to the evidence produced by defendant over issues on which burden was cast on the defendants and since Rule 3 of Order XVIII states that the party must ...and therefore, plaintiff is permitted to lead rebuttal evidence, is perverse and contrary to the opinion of this Court in Chandra Keerti's case. It is no doubt true that in Chandra Keerti's case it was held that Ru...

...rebuttal, urging that no rebuttal evidence could be led by the plaintiff when the plaintiff had not reserved its right to lead rebuttal evidence at the time when it closed its ...by the learned counsel for the petitioners (defendants) that the plaintiff could not be allowed to lead evidence in rebuttal when it had not reserved its right to lead evidence in ...when the plaintiff made statement closing the evidence in affirmative. It was submitted that the plaintiff could be allowed to lead evidence in rebuttal only if the plaintiff had reserved its right ...

...stated that during the course of his evidence, he filed a memo dated 7.2.2000 reserving his right to lead rebuttal evidence if the need arises and since in the cross-examination of D.W 1 it has come...No. 2 on 7.2.2000 is not sufficient to reserve the right to adduce rebuttal evidence under Order 18 Rule 3 of CPC. 10 The Court below also observed that a petition under...defendant and since in the present case the burden of proof on all issues lies only on the plaintiffs, he is not entitled to reserve his right to adduce rebuttal evidence under Order 18...

...right to lead evidence in rebuttal after the closure of evidence of defendant. In this case three issues were framed by the Trial Court; onus of proving two issues was on the defendant and one issue...arguments by parties.2. The Counsel for the respondent submitted that petitioner could have led evidence in rebuttal only if the petitioner had reserved its right to lead evidence in ...provisions of Order 18 Rule 3 CPC are sufficiently complied with if the party leading evidence intimates the Court before the other party begins its evidence that it is reserving its right ...

...right to lead evidence on the issues the burden of which is on the defendants, then permission to the plaintiff to lead evidence in rebuttal on even those issues the onus of which is upon...in affirmative; and(5) It is imperative right of the plaintiff(s) to lead evidence in rebuttal to such issues and the procedural law is not mandatory but directory in nature and in such circ...opportunity to the plaintiff to lead evidence in rebuttal only in those cases where he had reserved his right of rebuttal?(2) Whether plaintiff can independently lead ...

...Shankar Lal & Others Vs. Ramji Lal through LRs (S.B. Civil Writ Petition No.14658/2015) Date of Order: October 07, 2015. PRESENT HON'BLE MR. JUSTICE ALOK SHARMA Mrs. Anjoo Shukla, for the petitioners. BY THE COURT: A ...to...evidence...

...rebuttal evidence.3. The applications were opposed by the defendant on various counts and it was submitted that as while closing the evidence the plaintiff did not reserve the right of ...rebuttal evidence.4. After hearing the parties the trial court came to the conclusion that as the petitioner did not reserve right to lead...the documents were necessary; it was further submitted that the petitioner was entitled to lead rebuttal evidence and the trial court was not justified in denying the right to lead rebuttal ...

.... Thereafter she had no right to lead rebuttal evidence. The learned trial Court has observed that the onus of issue No.2 was on both the parties as the petitioners had set up counter settlement dated...10.7.1981. Therefore, Narinder Kaur respondent had the right to lead rebuttal evidence. (3) The learned counsel for the petitioners submitted that since the petitioners had not led any...evidence to prove settlement dated 10.7.1981, therefore, Narinder Kaur had no right to lead rebuttal. This submission has been considered. It has no merit at all. Since the onus of issue regarding family...

..., mortgage, exchange, gift or in any other manner the suit land. During the pendency of the suit, the plaintiffs-respondents, in their rebuttal evidence, prayed for examination of a handwriting expert. It was submitted by the plaint...Nijjar, J) speaking for the Bench observed as follows :—“In our opinion, Order 18 Rule 3 of the CPC would not give a right to the plaintiff to lead evidence in ...read to mean that the plaintiff had reserved its right to lead evidence in rebuttal. We are, therefore, unable to agree with the observations made by the learned Single Judge in the case of Kashmi...

...during the course of his evidence, he filed a memo dated 7.2.2000 reserving his right to lead rebuttal evidence if the need arises and since in the cross-examination of D.W.1 it has come out that the...sufficient to reserve the right to adduce rebuttal evidence under Order 18 Rule 3 of CPC. The Court below also observed that a petition under Order 18 Rule 3 of CPC has to be filed before the com...plaintiffs, he is not entitled to reserve his right to adduce rebuttal evidence under Order 18, Rule 3 of CPC. Thus the Court below concluded that the plaintiff No.2-Revision Petitioner herein is not...

...that learned Court below erred in not appreciating that as there were certain Issues framed, onus to prove which Issues was upon the defendants, therefore, but natural, the plaintiff had a right to lead rebuttal ...plaintiff did not close their evidence in affirmative and thus, did not reserve any right to lead rebuttal evidence, learned Trial Court rightly refused to grant of said permission to the...are certain issues, onus to prove which is on the defendant, then the plaintiff has to reserve the right to lead the rebuttal evidence and in the absence of any such right being reserved ...

...that learned Court below erred in not appreciating that as there were certain Issues framed, onus to prove which Issues was upon the defendants, therefore, but natural, the plaintiff had a right to lead rebuttal ...plaintiff did not close their evidence in affirmative and thus, did not reserve any right to lead rebuttal evidence, learned Trial Court rightly refused to grant of said permission to the...are certain issues, onus to prove which is on the defendant, then the plaintiff has to reserve the right to lead the rebuttal evidence and in the absence of any such right being reserved ...

...was on the defendant and, therefore, the plaintiff has a right to lead evidence in rebuttal to examine the signatures of Surjit Rai, petitioner. This application was allowed by the impugned order dated...one document and put on another document by super imposition.6. Accordingly the impugned order, is upheld to the extent that the plaintiff-respondent shall be within his right to lead his evidence by...(i) in rebuttal neither the handwriting expert nor any other evidence could be allowed to be produced as the onus was on the plaintiff-respondent to prove due execution and passing of the consideration...

...Singh, Hem Raj, Bala Dutt and also filed a list of witnesses of as many as 7 witnesses to be examined in rebuttal. Then the defendants filed an application claiming that the plaintiffs had no right to lead ...supported by Sh. P.C Sharma, Advocate, when a party beginning is given a right to lead evidence in rebuttal, it can reply generally on the whole case and in this regard support is drawn from the last...option to reserve the right of rebuttal can well be before the other party begins its evidence.13. Before parting with this judgment, the modalities of reserving the right of ...

...to which the burden is on the defendant. After the completion of the examination of the plaintiff's withnesses, a memo by her counsel reserving her right to adduce rebuttal evidence for the ...that will be adduced by the defendent on issues Nos. 8 and 9, was filed on 24-11-1966. The defendant resisted the claim of the plaintiff to reserve her right to adduce rebuttal evidence at that stage...provisions of Order 18, Rule 3 C.P.C do not bar the plaintiff's claim to reserve her right to adduce evidence by way of rebuttal before the commencement of the evidence ...

...has to be exercised by the party either by making on application in writing or by intimating the court orally about the intention to reserve the right of rebuttal, at the time of closing the evidence...the interest of justice, when it came to the definite conclusion that the plaintiff, having failed to reserve his right to leading evidence in rebuttal was not entitled to any opportunity...in Prem Singh Partap Singh v. National Insurance Co. Ltd. (2) wherein Hon'ble Gokul Chand Mittal, as he then was, observed thus:—“If the right to lead evidence in rebuttal is...