SIMARJIT KAUR Vs. MANINDER KAUR

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 16/4/2022 (Annexure P-12) whereby application filed by the defendant-petitioner for rejection of the affidavit of witness Narjit Singh Dhillon has been dismissed.

(2.) Brief facts relevant to the present lis are that in the present case vide order dtd. 21/7/2017, the Civil Judge (Junior Division), Kurukshetra directed the defendant-petitioner to lead her evidence first as burden to prove issue nos.l and 2 was upon the defendant. Thereafter, the defendantpetitioner closed her evidence vide a separate statement dtd. 29/1/2020 and the case was adjourned for rebuttal evidence. The plaintiff-respondent had not led any evidence in affirmative. Vide order dtd. 9/2/2021 the plaintiff-respondent was ready to deposit the diet money for the witnesses. Thereafter, the affidavit of one Narjit Singh Dhillon was filed in evidence by the plaintiff-respondent. The defendant-petitioner moved an application (Annexure P-10) for rejection of the affidavit of Narjit Singh Dhillon on the ground that the plaintiff-respondent could not be directed to lead evidence in affirmative in the garb of rebuttal evidence. The plaintiff-respondent filed a reply (Annexure P-11) to the said application. Vide impugned order dtd. 16/4/2022 (Annexure P-12) the Trial Court dismissed the application. Aggrieved by the said order, the present revision petition has been preferred.

(3.) Learned counsel for the defendant-petitioner has contended that the defendant-petitioner was directed to lead her evidence vide order dtd. 21/7/2017 on issues the onus of which was cast upon the defendantpetitioner. Thereafter, the matter was adjourned for rebuttal evidence and the plaintiff-respondent in the garb of rebuttal evidence is wanting to lead evidence in affirmative. Learned counsel for the petitioner has relied upon judgments of this Court in Surjit Singh and Ors. vs. Jagtar Singh and Ors. [2007(1) RCR (Civil) 537] and Mam Raj vs. Smt. Raghbiri and Ors. [2014(62) RCR (Civil) 819].