HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.307 of 2009 (M/S) Pali Sonkar S/o late Ghanshyam Das R/o 34/1 Chukkhuwala, Dehradun District Dehradun .……… Petitioner Versus Smt. Preeti Sonkar and others …… Respondents Mr. Parikshit Saini, Advocate for the petitioner. Mr. V. K. Kohli, Senior Advocate for the respondents. Hon’ble J.C.S. Rawat, J. With the consent of the learned counsel for the parties, this petition is being disposed of finally today at the motion hearing stage, With the consent of the learned counsel for the parties the following consent order is passed on the application for reserving the right for adducing evidence:- (i) Initially, the plaintiff shall adduce his evidence and he will reserve his right to adduce evidence for issue No.5. The burden of proving the fact mentioned in Issue No.5 is upon the defendants. When the defendants would lead the evidence on Issue No.5 and would close the evidence, the plaintiff may adduce the evidence in rebuttal only against Issue No.5. It is made clear that the plaintiff will have no right to adduce any other evidence except in Issue No.5. (ii) In view of the provisions of C.P.C. the application filed by the parties before the trial court as 58-C is disposed of accordingly. The trial court’s order dated 06.02.2009 rejecting the application 58-C is modified in terms of the above observations. It is directed that the order dated 15.01.2008 passed by this Court in Writ Petition No.159 of 2008 (M/S), by which it was directed to decide the suit expeditiously, may be carried out in letter and spirit. (J.C.S. Rawat, J.) Dated 02nd March, 2009 LSR