1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 639 OF 2007 Mrs. Alzira Carvalho E Costa .... Petitioner V/s Mr. Alvito Gomes & Anr. .... Respondents Mr. J.P. Mulgaonkar, Advocate for the Petitioner. Mr. Arun Bras De Sa, Advocate for the Respondents. CORAM : S.C. DHARMADHIKARI, J. DATE : 22nd JULY, 2008 ORAL ORDER : Heard learned Counsel appearing for the parties. 2. The petitioner prays that the order dated 28/11/2007 passed by the learned Civil Judge Senior Division, Margao dismissing his application be quashed and set aside. The petitioner desires that he should be allowed to lead evidence in rebuttal. The said liberty was sought because a counter claim was led in the suit by the original defendant along with the written statement. Depending upon the counter claim, issues were drawn and issue no. 7 clearly arises for determination and decision. As far as that issue is concerned if no rebuttal evidence is led by the petitioner, then he is likely to be prejudiced. After the matter was argued for sometime, the Counsel appearing for both sides agreed that on limited aspects, the plaintiff can reserve his right to lead evidence in rebuttal. Therefore, if at all the defendant step into the witness box and leads evidence to support his case in 2 the counter claim, it is clarified that plaintiff would have similar opportunity, so also she can rebut the claim made by the defendants. As far as this issue is concerned (issue no. 7) the plaintiff's right to lead evidence in rebuttal is thus intact. The Trial Court order to the contrary is quashed and set aside reserving the liberty as aforesaid. Petition allowed in the above terms with no order as to costs. S.C. DHARMADHIKARI, J. NH/-