CR No. 5675 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR No.5675 of 2008
Decided on :10-11-2008
Harbans Singh and another ....Petitioners
VERSUS
Gurbax Singh and others
....Respondents
CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER
Present: Mr. Jai Bhagwan, Advocate for the petitioners.
MAHESH GROVER, J
The petitioner has impugned the order dated 2.9.2008.
After the conclusion of the evidence, the respondent filed an
affidavit by way of evidence in rebuttal.
The petitioner objected to it and prayed by way of an application
to strike off the contents of the affidavit which was produced by way of
evidence in rebuttal on the plea that the positive evidence had already been
led and the contents of the affidavit by way of rebuttal evidence amounted
to leading of fresh evidence to cover up the lacuna in his case which is
impermissible in law. He placed reliance on case titled as ‘Surjit Singh and
others versus Jagtar Singh and others’ PLR 2007 (1) 552.
I have heard the learned counsel for the petitioner and have
perused the impugned order.
CR No. 5675 of 2008 2
The Trial Court has clearly observed that the objections, if any,
raised by the petitioner shall be considered at the time of final arguments.
In this view of the matter, when the question has still been left
open and the effect of the contents of the affidavit by way of rebuttal
evidence is yet to be tested on the strength of the objections raised by the
petitioner, the present petition is mis-conceived and the same is hereby
dismissed.
However, it is clarified that the objections of the petitioner
including the legal proposition that he has raised by way of the present
petition shall be taken into consideration by the Trial Court while disposing
of the matter.
November 10, 2008 (Mahesh Grover) rekha Judge