THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2486 OF 2008 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 18.12.2007, in Memo in C.F.R. No.8871, dated 17.08.2007, in O.S.No.266 of 2004, on the file of the Additional Senior Civil Judge, Chittoor, whereunder and whereby, the memo filed by the petitioner/plaintiff to reserve her right to adduce rebuttal evidence, was rejected. 2. Heard. 3. Learned counsel for the petitioner contended that the trial Court ought to have given a leave to the petitioner/plaintiff to adduce rebuttal evidence and hence, he prays to set aside the impugned order. 4. The Original Suit is filed by the petitioner/plaintiff for recovery of certain amount. As seen from the impugned order, basing on the pleadings, there is only one issue framed in the Original Suit, which is as follows: “1) Whether the plaintiff is entitled for preliminary decree as prayed in the plaint?” As seen from the above issue, the initial burden is on the petitioner/plaintiff to prove the case beyond preponderance of probability. Order XVIII Rule 3 of the Code of Civil Procedure, 1908, applies to those cases where there are several issues and the burden of proving some of them lies on either party. In such cases, the plaintiff has option – (a) either to go into the whole case in the first instance or (b) to adduce evidence on other issues for which burden is on him to prove, reserving his right to lead evidence in rebuttal if the opposite party makes a prima facie case. Such is not the case in the present Original Suit. In view of the fact that the burden is on the petitioner/plaintiff to prove the case, question of adducing rebuttal evidence does not arise. The trial Court rightly rejected the memo filed by the petitioner. Hence, there are no grounds to set aside the impugned order. 5. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J September 23, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2486 OF 2008 Between: V.S.Mariyamma .....PETITIONER AND D. Laleetha ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2486 OF 2008 September 23, 2010