The High Court dismissed a civil revision challenging an order denying the petitioner permission to compare thumb impressions. The court held that allowing rebuttal evidence is permissible only when the onus of proof lies with the opposing party.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 1863 of 2010 (O&M) Date of Decision: 19.3.2010
Partap Singh
.Petitioner
Versus
Jarnail Singh and others
Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:Mr. K.S. Dhillon, Advocate for the petitioner.
RAJESH BINDAL, J
Challenge in the petition is to the order dated February 18, 2010 passed by learned Court below whereby the application filed by the petitioner/plaintiff for getting the thumb impressions of Shubgeh Singh son of Nazar Singh alias Major Singh compared on the affidavit dated January 9, 2004 with his thumb impressions on the sale deeds dated June 27, 2000 and September 20, 2000 and power of attorney October 25, 1999. It is not in dispute that the petitioner/plaintiff has already completed his evidence and even the defendants have also led their evidence. The onus of the issues which is relevant for the purpose of affidavit of Shubgeh Singh is concerned was on the plaintiff in which he had led his evidence. Once the onus of the issue is on the plaintiff he cannot be permitted to lead evidence in rebuttal on that issue as opportunity to led evidence in rebuttal is permissible only on the issues, the onus of which is on the defendants.
For the reasons mentioned above, the revision petition is
dismissed.
(RAJESH BINDAL) 19.3.2010 JUDGE Reema
1 issue framed by the court
Whether a party who has completed evidence can be permitted to lead evidence in rebuttal when the onus is on them.
Partap Singh
Jarnail Singh and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
