C.R. No. 6865 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 6865 of 2009 Date of Decision: November 25, 2009 Swaraj Kumar Gupta …..Petitioner Vs. Punjab National Bank and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Amit Rawal, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order dated September 22, 2009, Civil Judge (Junior Division), Ludhiana has declined to take on record the affidavit of the plaintiff- petitioner, annexure P-1 sought to be produced with an objective to lead rebuttal evidence on the ground that the said affidavit is the reiteration of the affidavit submitted under Order 8 Rule 1 CPC earlier filed while leading evidence in affirmative. C.R. No. 6865 of 2009 [2] After going through the impugned order, I find that there are number of issues i.e. issues No.3, 4, 5, 6, 7, 8 and 9 for establishing which issues the onus lies on the defendant- respondents. The plaintiff- petitioner certainly has got a right to lead rebuttal evidence on the said issues. As the plaintiff had not filed a proper affidavit, the trial Court has rightly declined the request to repeat the evidence which had already been lead in affirmative. This revision petition is dismissed. However, it is observed that in case the plaintiff - petitioner submits another affidavit in the shape of rebuttal evidence under Order 18 Rule 1 CPC read with Order 18 Rule 3 CPC, the trial Court will permit the plaintiff- petitioner to produce evidence in rebuttal. Order dasti on payment of usual charges. November 25, 2009 (M.M.S.BEDI) sanjay JUDGE