IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.2141 of 2007 (O&M) Date of Decision : 26.7.2010 Dilbagh Singh and another ....Petitioners Versus Balwinder Singh and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.R.P.S.Ahluwalia, Advocate for the petitioners. Mr.S.S.Dinarpur, Advocate for respondent No.1. ..... MAHESH GROVER, J. The petitioners are aggrieved by the order by which they were not permitted to examine one of them as his witness in his own case while leading evidence in rebuttal. Learned counsel for the petitioners referred to issues 7 and 8 which read as under :- “7. Whether the suit is maintainable in the present form? OPD 8. Whether the present suit is barred by res judicata? OPD” He contended that even if he has not examined himself while leading evidence in affirmative, yet he was still entitled to examine C.R.No.2141 of 2007 (O&M) -2- himself and lead evidence in rebuttal on the aforesaid issues. The onus of proving as many as four issues was upon the respondents and out of which issues no.7 and 8 were required to be met by leading evidence in rebuttal. He says that he has no objection if the evidence of the plaintiffs is restricted to the aforesaid issues. Learned counsel for the respondents has no objection to the same. Having regard to the aforesaid, the petition is disposed of with a direction to the learned trial court to permit the petitioners to examine one of them as his own witness while leading their rebuttal evidence on the two issues aforesaid. 26.7.2010 (MAHESH GROVER) JUDGE dss