Balwinder Singh v. Sukhwinder Singh

CR No.1198 of 2018 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.1198 of 2018 Date of decision:20.11.2018 Balwinder Singh ... Petitioner Vs.

Sukhwinder Singh ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Arihant Jain, Advocate with Mr. Varun Jain, Advocate and Mr. Arun Jindal, Advocate for the petitioner.

Mr. Sumit Puri, Advocate for the respondent.

AMIT RAWAL J. (Oral) The present revision petition is directed against the impugned order dated 11.01.2018, whereby, the respondent-plaintiff in the absence of any rebuttal issue has been given liberty to lead evidence in rebuttal. It is a matter of record that in a suit for recovery of amount, the plaintiff's evidence was closed without giving any opportunity. In view of the parameters laid down by the Division Bench of this Court in Avtar Singh and another Vs. Baldev Singh and others 2015(1) PLR 230, the Court below could not have granted the liberty in rebuttal. It is a common practice followed by the trial Court for not fixing the case for arguments and therefore nomenclature of rebuttal SAVITA KADIAN 2018.11.29 12:49 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.1198 of 2018 {2} evidence which is absent, thus, would not clothe the plaintiff to lead evidence in rebuttal.

Resultantly, the impugned order is hereby set aside and the revision petition is allowed.

(AMIT RAWAL) JUDGE November 20, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2018.11.29 12:49 I attest to the accuracy and integrity of this document High Court Chandigarh