Civil Revision No. 7362 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7362 of 2011 (O&M) Date of decision:- 01.12.2011 Dharamvir Singh ...Petitioner Versus Gurjant Singh and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. P.S. Brar, Advocate for the petitioner. RITU BAHRI J.(Oral) Challenge is to the order dated 01.11.2011 passed by Civil Judge (Jr. Divn) Malout vide which the application dated 20.09.2011 of counsel of the petitioner for leading additional evidence has been dismissed. Petitioner/Plaintiff has filed a suit for declaration to the effect that he is owner in possession of land on the basis of sale deed dated 01.12.2004 and subsequent sale deed dated 06.05.2005 is illegal, null and void, not binding upon the rights of the plaintiff and is liable to be set aside. After framing of the issues on 14.02.2006, the petitioner has closed its evidence and after the closing of evidence, petitioner came to know that inadvertently, he has not proved the same by way of additional evidence, which has been dismissed by the order dated 01.11.2011 by learned Civil Judge (Jr. Divn) Malout. At the time of closing its evidence, the plaintiff/petitioner did not reserve any right to lead additional evidence in rebuttal. A Division Bench of this Court in a case of 'Surjit Singh and others vs. Jagtar Singh and others, 2007(1) R.C.R (Civil) 537' while considering order 18 Rule 3 has held that a party can be Civil Revision No. 7362 of 2011 (O&M) 2 permitted to lead evidence on the issues for which burden of proof was on that party. It was further held that last stage for exercising option to reserve the right to rebuttal can well be before the other party begins its evidence. In the present case, the plaintiff had not reserved his right to lead additional evidence. In view of the above, civil revision is dismissed. December 01, 2011 ( RITU BAHRI ) G.Arora JUDGE