MOHD. HANIF Vs. L.RS. OF USMAN GANI

JUDGEMENT

(1.) THIS writ petition is directed against the order dtd. 9.2.2009 (Annex.9) passed by the learned trial Court rejecting the defendant - petitioner's application under Section 151 C.P.C. by which the defendant petitioner had objected to the affidavit filed by the plaintiff in rebuttal evidence along with the fresh documents in the suit for possession filed by him.

(2.) MR . G.R. Singhvi, learned Counsel for the petitioners - defendants urged that during the course of rebuttal evidence, the plaintiffs - respondents cannot be permitted to introduce new documents and also cannot be allowed to prove the documents filed in the course of defendants' evidence for confronting him for limited purpose.

(3.) HAVING heard the learned Counsels, this Court is of the view that the plaintiffs - respondents cannot be permitted to introduce any fresh and new document at the stage of rebuttal evidence and therefore, the documents filed with the affidavit in the course of rebuttal evidence will not be taken on record and will be struck off from the record. However, for the affidavit filed by the plaintiff - respondent in the course of rebuttal evidence, since the petitioners - defendants has right to cross -examination during the course of rebuttal evidence, it cannot be said that the plaintiffs - respondents cannot file said affidavit in the course of rebuttal evidence. The objections if any, regarding the documents filed during the course of rebuttal evidence for confrontation will be open to be raised during the course of final hearing of the suit itself and subject to further appeal if any.