PUSHPENDRA SINGH BHATI,J. - (1.) Petitioner has preferred this writ petition with the following prayer:- "1. This writ petition may kindly be allowed and the impugned order dated 06.11.2017 may be quashed and set aside and the application filed under section 151 of CPC may kindly be dismissed. 2. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. 3. Writ petition of the petitioner may kindly be allowed with costs."
(2.) The matter pertains to partition of a suit property where the defence of ownership by Will has been set up on framing the one of the issues as to whether the petitioner was entitled to ownership of the property in question on account of the Will executed on 24.03.1977 by the mother of the petitioner Smt. Puni Deve. The issue was to be proved by the petitioner-defendant and as soon as the evidence was led by the petitioner defendant which was subsequent to the evidence for other issues which were to be proved by the respondent-plaintiff. The respondent sought rebuttal of the evidence led for proving the issue in question.
(3.) Learned counsel for the petitioner has argued that as per Order 18, Rule 3 of the CPC since the petitioner was the other party and he has produced his evidence subsequently for proving the issue for which the onus lies on him then it was open for the respondent-plaintiff to have rebuttal unless the chance of rebuttal was reserved.;