Total Pageviews

Sunday, March 7, 2010

Civil Procedure Code, 1908, O.18, R.3--Additional evidence

2010(1) LAW HERALD (P&H) 26
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
C.R. No. 4710 of 2009
Subhash Chand Gupta
v.
Jiya Lal Sharma & Ors.
{Decided on 21/08/2009}
For the Revision-petitioner: Mr. Sanjay Verma, Advocate.
IMPORTANT POINT
Additional evidence--Order 18 Rule 3, would not give a right to the plaintiff, to lead evidence, in rebuttal, on issues, of which, the onus of proof was on them.
Civil Procedure Code, 1908, O.18, R.3--Additional evidence--Affirmative evidence--Specific performance--Agreement to sell--Onus was on the plaintiff to prove the execution of documents--He closed the evidence, in affirmative, with his eyes wide open--Defendant, closed his evidence--Case was fixed for rebuttal evidence and arguments--Order 18 Rule 3, would not give a right to the plaintiff, to lead evidence, in rebuttal, on issues, of which, the onus of proof was on them. (P.8)
----------