Requiring the dismissal of a Civil Revision petition filed by Bhimsain against a low court order denying an application to lead additional expert evidence via Order 18 Rule 17A CPC. The court held a party cannot lead evidence in rebuttal on an issue they are required to prove.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.5389 of 2010 Date of decision:26.08.2010.
Bhimsain
...Petitioner
Versus
Kailash Chand Sharma
...Respondent
CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. S.K.Yadav, Advocate, for the petitioner.
RAKESH KUMAR JAIN, J. (ORAL)
This revision petition is directed against order dated 11.08.2010 passed by the learned Civil Judge (Junior Division), Mahendergarh by which an application filed by the petitioner under Order 18 Rule 17A of the Code of Civil Procedure, 1908 for leading additional evidence by tendering Handwriting & Fingerprint Expert's report, has been dismissed.
Learned counsel for the petitioner submits that the petitioner has filed a suit for recovery in which issue No.1 is to the effect that “whether the plaintiff is entitled to recover a sum of Rs.48,000/- from the defendant?OPP.”
The plaintiff has already closed his evidence. Now, he wanted to lead evidence in rebuttal on the issue which is to be proved by him. It is well settled that a party cannot lead evidence in rebuttal on the issue which is to be proved by that party.
In view thereof, I do not find any error in the impugned order and as such, this revision petition is dismissed, however, with out any order as to costs.
August 26, 2010 (RAKESH KUMAR JAIN) vinod JUDGE
1 issue framed by the court
Whether a party can lead evidence in rebuttal on an issue that is to be proved by that same party.
1 provisions across 1 enactments
Bhimsain
Kailash Chand Sharma
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
