Sabina, J. - (1.) PLAINTIFF has filed a suit for specific performance of agreement to sell dated 20.9.2004. Vide the impugned order dated 4.3.2011, the Plaintiff was allowed to examine a Handwriting Expert to rebut the expert, examined by the Defendant. Hence the present petition by the Defendant.
(2.) LEARNED Counsel for the Petitioner has submitted that Plaintiff could not be allowed to examine a Handwriting Expert in rebuttal as the Plaintiff has already led his evidence in the affirmative qua issue No. 1. Learned Counsel for the Petitioner has placed reliance on Sardara Singh v. Baljit Singh, 2010(2) RCR 14, wherein it was held that in rebuttal, Plaintiff can only lead evidence in respect of issues, on which onus lies upon the Defendant.
(3.) SIMILAR view was taken in Mohan Pal Singh and Anr. v. Karampal Singh and Anr., 2010(4) RCR 627 and Ram Rattan v. Anand Pandit and Ors., 2009(5) RCR 696.;