CR No. 5675 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.5675 of 2008 Decided on :10-11-2008 Harbans Singh and another ....Petitioners VERSUS Gurbax Singh and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present: Mr. Jai Bhagwan, Advocate for the petitioners. MAHESH GROVER, J The petitioner has impugned the order dated 2.9.2008. After the conclusion of the evidence, the respondent filed an affidavit by way of evidence in rebuttal. The petitioner objected to it and prayed by way of an application to strike off the contents of the affidavit which was produced by way of evidence in rebuttal on the plea that the positive evidence had already been led and the contents of the affidavit by way of rebuttal evidence amounted to leading of fresh evidence to cover up the lacuna in his case which is impermissible in law. He placed reliance on case titled as 'Surjit Singh and others versus Jagtar Singh and others' PLR 2007 (1) 552. I have heard the learned counsel for the petitioner and have perused the impugned order. CR No. 5675 of 2008 2 The Trial Court has clearly observed that the objections, if any, raised by the petitioner shall be considered at the time of final arguments. In this view of the matter, when the question has still been left open and the effect of the contents of the affidavit by way of rebuttal evidence is yet to be tested on the strength of the objections raised by the petitioner, the present petition is mis-conceived and the same is hereby dismissed. However, it is clarified that the objections of the petitioner including the legal proposition that he has raised by way of the present petition shall be taken into consideration by the Trial Court while disposing of the matter. November 10, 2008 (Mahesh Grover) rekha Judge