C.R.No.5697 of 2009 1 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. C.R.No.5697 of 2009 Date of decision: 25.1.2010 Vaid Hira Lal deceased now represented through L.RS .....Petitioner. vs. Dr.V.K.Jain ....Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG. --- Present: Mr.Sanjay Mittal, Advocate, for the petitioner. Mr.R.A.Sehoran, Advocate, for the respondent. -- Rakesh Kumar Garg,J.(Oral) C.M.No.1566-CII of 2010. C.M is allowed subject to all just exceptions. C.R.No.5697 of 2009. This is plaintiff's revision petition challenging the impugned order dated 15.9.2009 passed by Additional Civil Judge(Senior Division), Loharu, whereby the petitioner-plaintiff has been denied to produce his evidence in rebuttal to the evidence led by defendant-respondent on issue No.6. Learned counsel for the petitioner has vehemently argued that the impugned order is liable to be aside because while passing the aforesaid order, the learned trial Court has wrongly observed that the witness being produced was supposed to be produced in affirmative because the evidence sought to be led by the petitioner was summoned with the condition with C.R.No.5697 of 2009 2 regard to their admissibility in rebuttal to the evidence on issue No.6. Learned counsel has further stated before this Court that the evidence sought to be led vide impugned order dated 15.9.2009, may be confined to the evidence of the petitioner in rebuttal to the evidence of the defendant- respondent on issue No.6. On the other hand, learned counsel for the defendant- respondent has vehemently supported the impugned order. After hearing learned counsel for the parites, this revision petitioner is allowed, the impugned order dated 15.9.2009 passed by the Additional Civil Judge (Senior Division),Loharu is set aside, with the observations that the summoned witness shall be examined as witness of the petitioner in rebuttal to the evidence of the defendant-petitioner on issue No.6. The parties through their counsel are directed to appear before the trial Court on 11.2.2010. ( Rakesh Kumar Garg) Judge January 25, 2010 rk