IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 680 OF 2008 MRS. MARIA AQUINA MARTINS AND ANR., ... Petitioners Versus MRS. BRIGIDA ELVINA MARTINS AND 2 ORS., ... Respondents Mr. J. J. Mulgaonkar, Advocate for the petitioners. Ms. N. S. Kankonkar, Advocate for the respondents. Coram:- U. D. SALVI, J. Date:- 22nd January, 2010 P.C. Heard. Perused petition and annexures thereto. 2. The petitioners/defendants have challenged the impugned Order dated 9.9.2008 and 9.10.2008 passed by the Learned Civil Judge Senior Division "B" Court, Mapusa dismissing the petitioners/defendants application objecting to the affidavit of the plaintiffs attorney purportedly filed by way of rebuttal of the evidence in respect of issue no. 2 casting burden on the petitioners/defendants. The plaintiffs had secured leave for reserving the evidence under Order 18 Rule 3 of C.P.C. in respect of this issue, and after the defendants turn of leading evidence was over the plaintiffs tendered the affidavit of plaintiffs attorney adding to it besides the rebutable evidence the evidence on issue on which burden was on the plaintiffs. 3. Learned Advocate Mr. Mulgaonkar for the petitioners/defendants submitted that this additional evidence is in violation of provisions of Order 18 Rule 3 and, therefore, it ought not to be read in evidence. Learned Advocate Ms. Kankonkar countering this submissions contents that with the cross examination of plaintiff's attorney the evidence has matured into admissible evidence for the purpose of deciding the issue between the parties and therefore cannot be igonored int he trial which is a quest for truth. 4. At this stage Learned Advocate Mulgaonkar prefers to withdraw the present petition with a liberty to take up this issue at the appellate stage in the appeal which may be preferred against judgment and decree of the trial Court. 5. Without going into merits of the petition, the petitioner is permitted to withdraw the present petition with a liberty to take up the issue in the present petition at the appropriate stage. petition stands disposed off. No order as to costs. U. D. SALVI, J. vn