IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2871 of 2011 Date of decision: 2.5.2011 Mukhtiar Kaur and another … Petitioners versus Mukhtiar Singh and another … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. PPS Brar, Advocate, for the petitioners ... ARVIND KUMAR, J: The present petitioners are the defendants in the suit for declaration, titled as Mukhtiar Singh v. Mukhtiar Kaur and others. They are aggrieved with order dated 16.3.2011 passed by the Civil Judge(Junior Division), Budhlada, by dint of which their application for not allowing the plaintiff to lead oral evidence in rebuttal has been dismissed. Heard. The case of the plaintiff is on the basis of Will dated 1.3.2001 whereas the defendants stake their claim on the basis of Will dated 25.5.2004. Plaintiff has already led evidence in affirmative to prove Will dated 1.3.2001. Onus to prove Will dated 25.5.2004 claimed by the defendants was on them. They have also led evidence to prove the said Will. Plaintiff cannot pre-suppose and lead evidence at the initial stage in anticipation of the evidence to be led by the defendants. The trial Court has rightly relied upon a judgment of this Court in Pawan Kumar v. Surinder Pal and another 2009(3) Civil Court Cases 380(P&H) wherein it has been held that the plaintiff while leading evidence if touches some issues the onus of which is on the defendant, then it cannot be said that the plaintiff had led evidence on those issues. It is only after the evidence of the defendant that the defendant will come to know the same and get an opportunity to rebut C.R. No. 2871 of 2011 -2- the same. In view of the said fact, there is no infirmity in the impugned order. No interference is thus, called for. The revision petition stands dismissed. May 2, 2011 ( ARVIND KUMAR ) JS JUDGE