C.M.No. 19350-CII of 2009 and Civil Revision No.4691of 2009. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.M.No. 19350-CII of 2009 and Civil Revision No.4691of 2009. DECIDED ON : 12.11.2009. Ashwani Kumar Petitioner. VERSUS Radhey Sham and others. Respondents CORAM : Hon'ble Mrs. JUSTICE SABINA. Present:- Mr. Naveen Batra, Advocate, for the petitioner. SABINA,J. C.M.No. 19350-CII of 2009 Allowed as prayed for. Civil Revision No.4691 of 2009 Plaintiffs filed a suit for declaration to the effect that they were owners/ co-sharers to the extent of 1/4th share in the suit property and challenged the sale deed dated 15.5.1995 and also Will dated 16.6.1995 alleged to be executed by Charan Dass in fravour of Swarna Devi wife of Radhey Sham-respondent No.2. Plaintiffs led their evidence in support of their case. Thereafter, after the closure of defendants' evidence plaintiffs tendered affidavits of PW3 Ashok Kumar, PW4 Rattan Chand, PW5 Subhash Chand, C.M.No. 19350-CII of 2009 and Civil Revision No.4691of 2009. 2 PW6 Sukh Ram and PW7 Roshan Lal at the rebuttal stage. Defendants moved an application that the said affidavits were liable to be taken off from the Court file as the said witnesses could not be examined by the plaintiffs in rebuttal evidence. Vide impugned order dated 18.3.2000 application was allowed. Hence the revision petition by Ashwani Kumar. After hearing learned counsel for the petitioner, I am of the opinion that the instant revision petition is devoid of any merit. It is settled propositions of law that the plaintiffs can lead rebuttal evidence qua the issues regarding which burden of proof is on the defendants. The witnesses now sought to be examined by the plaintiffs are not being examined to rebut the evidence led by the defendants qua issue Nos. 2 to 6 regarding which burden of proof was on the defendants. Under these circumstances, the learned trial Court had rightly allowed the application filed by the defendants. No ground for interference is made out. Dismissed. 12.11.2009. ( SABINA ) Anoop JUDGE