Civil Revision No. 1288 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 1288 of 2010 Date of Decision: 22.7.2010 Mohan Singh …Petitioner Versus Buta Singh and Others …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Padam Jain, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) In the present revision petition, which is misconceived, the well reasoned order dated 8.2.2010, passed by the trial Court has been assailed. The petitioner intends to produce on record two agreements allegedly executed in the Panchayat on 26.7.2000 and 31.10.2000, in rebuttal evidence. The following issues were initially framed: “1. Whether the plaintiff is entitled to separate possession of 1/6th share by way of partition of the house in dispute? OPP 2. Whether the plaintiff is entitled to permanent injunction prayed for? OPP 3. Whether the suit is not maintainable in the present form? OPD Civil Revision No. 1288 of 2010 2 4. Whether the plaintiff has no locus standi or cause of action to file the present suit? OPD 5. Whether the suit is barred by the principle of res judicata and estoppel? OPD” On two material issues, the onus was upon the plaintiff/petitioner to prove the same. The plaintiff closed his evidence, in affirmative. Consequently, additional issues were also framed by the trial Court. To prove these issues, the onus was upon the defendants, who led no evidence. Therefore, the plaintiff cannot prove the alleged two agreements by leading evidence in rebuttal as the same were in his knowledge and the onus was not upon him to prove the same. Therefore, no fault can be found with the well reasoned order, passed by the trial Court. Hence, there is no merit in the present revision petition and the same is hereby dismissed. (Kanwaljit Singh Ahluwalia) Judge July 22, 2010 “DK”