IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.259 of 2005 SUDAMA DEVI & ANR Versus SHRI GANESH PRASAD & ANR ……. 08/ 23.07.2008 Heard learned counsel for the petitioners and learned counsel for opposite party no.1. This case has been filed for review of order dated 14.11.2005, by which Civil Revision No.1474 of 2005 filed by the petitioners was dismissed by this Court after coming to the conclusion that pleading in written statement was already there on which the defendants were allowed to adduce evidence and hence in such situation rebuttal was not required. From the averments of the parties and the materials on record specially the written statement filed by the defendants it transpires that in paragraph 19 thereof specific statement had been made and if the plaintiffs wanted to deny the said statement, they could have led their evidence which were adduced before the defendants were directed to lead their evidence. After close of the plaintiffs’ evidence, the defendants were allowed to lead evidence on the basis of their pleadings in the written statement. In the said circumstances, this court by the said order rightly observed that in such situation the rebuttal is not required, as no fresh claim, beyond the pleading, had been raised. In the aforesaid facts and circumstances, this Court does not find any error apparent on the face of the record in the said order nor does it find any fresh material or reason to interfere with the said order. Accordingly, this civil review is dismissed. MPS/ ( S. N. Hussain, J. ) - 2 -