In Civil Revision No. 737 of 2019-PUNJ HC- Plaintiff can be permitted to produce rebuttal evidence only with respect to issue, onus whereof is on defendant: P&H HC Justice Anil Kshetarpal [27-05-2022]

Read Order: Suba Singh v. Santa Singh

Chandigarh, June 7, 2022: While dealing with a revision petition, the Punjab and Haryana High Court has recently reaffirmed that the plaintiff can be permitted to produce rebuttal evidence only with respect to the issue, onus whereof is on the defendant. 

In this regard, the Bench of Justice Anil Kshetarpal, made reference to the judgments of two different Division Benches in Surjit Singh and others vs. Jagtar Singh and others and Jagdev Singh and others vs. Darshan Singh and others.

The petitioner before the High Court was originally a defendant in the suit filed under Section 38 of the Specific Relief Act, 1963 by the plaintiff-respondent, for grant of permanent and prohibitory injunction. 

When the case was at the stage of rebuttal evidence, an application was filed by the plaintiff to examine the Handwriting and Fingerprint Expert, in rebuttal evidence. The trial Court, without examining as to whether such evidence, proposed to be produced, falls within the scope of rebuttal evidence, allowed the application. Hence this revision petition was filed. 

In light of the above, the Court held that it is well settled that the plaintiff can be permitted to produce rebuttal evidence only with respect to the issue, onus whereof is on the defendant. 

Thus, keeping in view the aforesaid facts, the revision petition was allowed and the order, under challenge, was set aside. The trial Court was directed to pass a fresh order on the application, after taking note of the scope of rebuttal evidence.