IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.7330-CII of 2009 and CR No.5231 of 2007 Date of decision: 31.3.2009 Gulzar Singh and others ......Petitioners Versus Joginder Singh and others ......Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Amandeep Agnihotri, Advocate for the petitioners. Mr. Nand Lal Sammi, Advocate for the respondents. * * * Rakesh Kumar Garg, J.(Oral) CM No.7330-CII of 2009 This is an application for restoration of the revision petition which was dismissed in default vide order dated 25.2.2009. Notice of this application was given to the counsel opposite. After hearing learned counsel for the parties, this application is allowed. Order dated 25.2.2009 is recalled and the revision petition is restored to its original number. CR No.5231 of 2007 This is defendants' revision petition challenging the order dated 1.9.2007 passed by the Additional Civil Judge (Sr. Division), Rajpura whereby the plaintiff-respondents have been allowed to examine the document expert in rebuttal evidence. Reliance has been placed upon a judgment of this Court in Kashmir Kaur v. Bachan Kaur 2000(2) CCC 375 (P&H). The aforesaid judgment has been specifically overruled by a Division Bench of this Court in Surjit Singh and others v. Jagtar Singh and others 2007 (2) CCC 115 wherein it has been specifically held that CM No.7330-CII of 2009 and CR No.5231 of 2007 -2- the plaintiff has no right to lead rebuttal evidence the onus of proof of which was on him. Thus, in view of the aforesaid judgment, the impugned order is set aside. The civil revision petition stands disposed of. Parties are directed to appear before the trial Court on the date fixed. March 31, 2009 (RAKESH KUMAR GARG) ps JUDGE