CW – 4439/2008 -Ram Singh Vs. Municipal Board, Barmer. Order dt.30.7.08 1/2 S.B. CIVIL WRIT PETITION NO.4439/2008 Ram Singh Vs. Municipal Board, Barmer. Date of order : 30th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. R.K. Thanvi for the petitioner. Mr. K.C. Choudhary for the respondents. --------- 1. Heard learned counsels. 2. This writ petition is directed against the order dated 29.5.2008 whereby the learned trial court has refused to provide an opportunity of rebuttal to the plaintiff on the issues No.3 and 4 on which the defendants led the evidence and the burden of these issues was kept on the defendants. 3. The learned counsel for the plaintiff-petitioner Mr. R.K. Thanvi submits that the learned trial court failed to consider that the right of rebuttal was earlier reserved by the plaintiff vide order dated 5.8.2005 but at the relevant point of time when the plaintiff asked for rebuttal the trial court refused being swayed by the fact that the suit was fixed for final arguments and no such right was reserved by the plaintiff. 4. He further submits that the plaintiff had prayed for certain documents to be placed on record in the same application which aspect was not considered by the learned trial court. 5. Having heard learned counsels, this Court finds that the impugned order dated 29.5.2008 appears to have been passed in ignorance of the earlier order dated 5.8.2005 and also without CW – 4439/2008 -Ram Singh Vs. Municipal Board, Barmer. Order dt.30.7.08 2/2 providing an opportunity of rebuttal to the plaintiff on the issues on which the defendant had burden to prove and had led evidence before the learned trial court. 6. In view of the above, this writ petition is allowed and the impugned order dated 29.5.2008 is set aside and the learned trial court is directed to reconsider the application of the plaintiff in this regard. [ DR. VINEET KOTHARI ], J. item No.41 babulal/-