1 S.B. Civil Writ Petition No.7404/2007 Rewat Singh vs The Civil Judge (Jr.Div.) District Jodhpur & Anr. DATE OF ORDER : - 30.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. VL Thanvi, for the petitioner. Mr. Jitendra Chopra,for the respondent. <><><> Heard learned counsel for the parties. In the trial court the issues were framed then additional issues were framed on 22nd July, 2005. The additional issue no.4A was whether the property in question is defendant's Patasud and ownership land. The plaintiff could have choose to wait for the evidence of the defendant on other issues and thereafter, could have reserved his right to lead evidence in rebuttal. The plaintiff in his examination-in-chief in para no.7 of the affidavit very specifically led evidence on specific issue no.4A then if the trial court has rejected the petitioner's prayer for leading evidence further on issue no.4A then that is absolutely in consonance with Order 18 Rule 3 CPC, which clearly gives option to the plaintiff to lead evidence or reserve his right 2 to lead evidence after the evidence of the defendant when burden of issue is upon the defendant to prove the issue. In this case since, the plaintiff led evidence, which is clear from the para no.7 of the affidavit, I do not find that any error has been committed by the trial court. Hence, there is no merit in this writ petition and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-