CR No.4269 of 2001 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR No.4269 of 2001 Date of Decision: 4.2.2010 Gobind Lal Dureja .....Petitioner Vs. Omwati and another ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Amit Jain, Advocate for the petitioner. .... RAJIVE BHALLA, J (Oral) The petitioner challenges an order dated 11.8.2001, passed by the Civil Judge (Junior Division), Gurgaon, dismissing his application to lead evidence in rebuttal. Despite service, no one is present on behalf of the respondents. I have heard counsel for the petitioner and am satisfied that the trial court has committed an error of jurisdiction. The onus to prove an issue may lie upon the plaintiff or the defendant. Where the onus to prove an issue lies upon the defendant, the plaintiff is entitled to an opportunity to lead evidence in rebuttal. Closure of the plaintiff's evidence in the affirmative, cannot deprive him of his right to lead evidence in rebuttal to an issue, onus whereof has been placed upon the defendant. The onus of issue no.5 was placed upon the respondents/defendants. As a consequence, CR No.4269 of 2001 2 the court was duty bound to have afforded an opportunity to the petitioner, to lead evidence in rebuttal, after the respondents/defendants led their evidence in the affirmative. The closure of the petitioner's evidence in the affirmative would not deprive him of an opportunity to lead evidence in rebuttal. As a consequence, the revision petition is allowed and the order dated 11.8.2001, passed by the Civil Judge (Junior Division), Gurgaon, is set aside. Parties are directed to appear before the trial court on 4.3.2010. 4.2.2010 (RAJIVE BHALLA) GS JUDGE