IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.77 of 2010 Date of decision : July 16, 2010 Todar …Petitioner. Versus Sidhu Ram and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. G.R. Palsara, Advocate. For the Respondents : None. Surjit Singh, J (Oral) Heard and gone through the record. 2. Petitioner-plaintiff has filed a suit, claiming himself to be owner of the suit property, on the basis of a writing executed in his favour by Shukri (now dead). Said Shukri, after executing the alleged writing in favour of the plaintiff, executed a Will in favour of the respondents-defendants, bequeathing the same very property to them. 3. Plaintiff filed a suit, challenging the Will. Issues were framed. Plaintiff led evidence and closed his evidence in the affirmative. Thereafter, defendants-respondents led evidence. After the closure of the evidence of the defendants, plaintiff wanted to lead evidence in rebuttal, but the trial Court, vide impugned order dated 14th January, 2010, has held that he having not reserved the right to lead rebuttal Whether reporters of the local papers may be allowed to see the judgment? …2… evidence, at the time of closing his evidence, cannot be permitted to lead evidence in rebuttal. 4. Plaintiff-petitioner closed his evidence on 17th July, 2009. Zimini order recorded by the trial Court, on that day, shows that the petitioner had closed his evidence, in the affirmative only, which implies that he had reserved his right to lead evidence in rebuttal. Therefore, impugned order of the trial Court, disallowing petitioner’s plea for leading rebuttal evidence, on the ground that he had not reserved the right to lead rebuttal evidence, cannot be sustained. The same is, therefore, quashed. 5. Petition stands disposed of accordingly. Trial Court is directed to give an opportunity to the petitioner to lead evidence in rebuttal, before deciding the case finally. Pending application stands disposed of, having become infructuous. July 16, 2010(sd) ( Surjit Singh ), J