IN THE HIGH COURT FOR PUNJAB & HARYANA AT CHANDIGARH. -.- CR NO. 5022 of 2010 Date of Decision:- 10.12.2010 -.- Usha Rani ...Petitioner Versus Kamal Nain and others. ...Respondent -.- CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN -.- Present:- Mr. H.S.Dhandi, Advocate, for the petitioner. Mr. Sanjay Gupta, Advocate ,for the respondents. -.- RAKESH KUMAR JAIN, J. (Oral) This revision petition is directed against the order dated 21.5.2010 passed by the Additional Civil Judge (Sr. Division), Mohali, by which an application filed by the defendants under Section 151 of Civil Procedure Code, 1908 (for short `CPC') for striking off the evidence produced by the plaintiff in rebuttal, was dismissed on the ground that he has led the evidence with regard to the Will dated 27.11.1998 which does not form part of the plaint. Counsel for the petitioner has submitted that the plaintiff cannot be allowed to lead evidence in respect to a plea which is not taken in the pleadings. Counsel for the respondents, however, submits that during the pendency of the suit the Will was relied upon by the defendants on the basis of which an issue was recasted and the burden was laid on the defendants to prove the said issue. After the defendants had led their evidence in affirmative, the plaintiff led his evidence in rebuttal. The CR NO. 5022 of 2010 - 2 - defendants now want the evidence led in rebuttal by the plaintiff to be struck off from the record. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case, I do not find it appropriate to disturb the order passed by the learned trial Court as the plaintiff has all the right to lead evidence in rebuttal on the issue, which is to be proved by the defendants. In view of the above, this revision petition has no merit and the same is hereby dismissed. (Rakesh Kumar Jain) (Judge) December 10, 2010 Saini