- (1.) By way of the instant writ petition, the petitioner has implored to quash and set aside the impugned order dated 30th November, 2005, whereby the learned trial Court dismissed the application of the petitioner-plaintiff filed under Order 18 Rule 3 of CPC.
(2.) Heard the learned counsel for the parties and carefully perused the relevant material on record.
(3.) Learned counsel took me through the issues settled by the learned trial Court and canvassed that the burden to prove the issue Nos.6, 7 & 8 was laid by the Court on defendant respondent No.1 & 2. He opened the case and examined two witnesses in support of his case. Thereafter, when the evidence by the respondent-defendant was closed, he filed an application under Order 18 Rule 3 of CPC imploring the Court to allow him to lead the evidence in rebuttal. So far as the issue Nos.6, 7 & 8 are concerned, the learned trial Court sans assigning any cogent reasons, arbitrarily dismissed the application, whereas, the petitioner ought to have been allowed to avail his right to lead the evidence in rebuttal, as envisaged by Rule 3 of Order 18 of CPC, thus, the impugned order is bad in the eye of law, which deserves to be set aside.;