SB CWP NO.1388/2009 – MOHD. HANIF AND ANR. V/S L.Rs. OF USMAN GANI AND ORS.: JUDGMENT DTD.2.2.2010 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CIVIL WRIT PETITION NO.1388/2009 Mohd. Hanif and anr. Versus L.Rs. of Usman Gani and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr. G.R. Singhvi, for the petitioners. Mr.Deepak Parihar, for Mr. Jitendra Chopra, for the respondents. DATE OF JUDGMENT : 2nd February, 2010. JUDGMENT 1. This writ petition is directed against the order dtd.9.2.2009 (Annex.9) passed by the learned trial Court rejecting the defendant – petitioner's application under Section 151 C.P.C. by which the defendant petitioner had objected to the affidavit filed by the plaintiff SB CWP NO.1388/2009 – MOHD. HANIF AND ANR. V/S L.Rs. OF USMAN GANI AND ORS.: JUDGMENT DTD.2.2.2010 2/3 in rebuttal evidence along with the fresh documents in the suit for possession filed by him. 2. Mr. G.R. Singhvi, learned counsel for the petitioners – defendants urged that during the course of rebuttal evidence, the plaintiffs – respondents cannot be permitted to introduce new documents and also cannot be allowed to prove the documents filed in the course of defendants' evidence for confronting him for limited purpose. 3. On the other hand Mr. Deepak Parihar, learned counsel for the respondents submitted that the impugned order does not deserve to be interfered with under Article 227 of the Constitution of India because the defendants – petitioners have been allowed the opportunity of cross-examination by the learned trial Court. Therefore, the plaintiffs – respondents had been allowed to file said affidavit in rebuttal evidence. 4. Having heard the learned counsels, this Court is of the view that the plaintiffs – respondents cannot be permitted to introduce SB CWP NO.1388/2009 – MOHD. HANIF AND ANR. V/S L.Rs. OF USMAN GANI AND ORS.: JUDGMENT DTD.2.2.2010 3/3 any fresh and new document at the stage of rebuttal evidence and therefore, the documents filed with the affidavit in the course of rebuttal evidence will not be taken on record and will be struck off from the record. However, for the affidavit filed by the plaintiff – respondent in the course of rebuttal evidence, since the petitioners – defendants has right to cross-examination during the course of rebuttal evidence, it cannot be said that the plaintiffs – respondents cannot file said affidavit in the course of rebuttal evidence. The objections if any, regarding the documents filed during the course of rebuttal evidence for confrontation will be open to be raised during the course of final hearing of the suit itself and subject to further appeal if any. 5. With these observations, this writ petition is disposed of. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.11 SS/-