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1994 DIGILAW 165 (MP)

Hasmukh Bhai v. Mohanlal

1994-02-28

V.S.KOKJE

body1994
JUDGMENT This is an application for revision challenging an order passed on an application under O. 18 R. 3 C.P.C. The application was moved by the plaintiff at the close of his evidence before the defendant's evidence had begun. The Court has rejected the application on the ground that the plaintiff had not reserved the right of rebuttal before beginning his evidence. The learned counsel for the applicant herein submits that in view of a Division Bench Judgment of Punjab and Haryana High Court in Smt. Jaswant Kaur v. Devendrasingh (AIR 1983 P & H 210) the last stage for exercising the option to reserve the right of rebuttal is before the other party begins its evidence. A perusal of this decision shows that a decision of our own High Court in Laxminarayan v. Baburam ( 1977 JLJ 493 ) was dissented from. In the aforesiad Single Bench decision this Court has categorically held that O. 18 R. 3 C.P.C. gives the party beginning a right to elect one out of the two courses open to him and to proceed according to that elected course. In the present case it is clear that the plaintiff had not given any indication as to whether he was reserving right to lead evidence on any of the issues. Now, if he is allowed to do so, it would amount to allowing him to lead evidence twice on the same issues, whereas the scheme of O. 18 R. 3 C.P.C. is to allow deferment of production of evidence on some of the issues, burden of which does not lie on the party leading/beginning evidence. If the other side has no notice of such election, it may allow the party beginning the evidence to lead evidence on all issues and at the end of the evidence of the party beginning evidence, the party to lead evidence subsequently may be told at the right of rebuttal on certain issues is reserved. This is not fair and cannot be allowed. I, therefore, dismiss this revision application following the view taken by our Single Bench decision of this Court referred to above. The revision application is dismissed. The applicant shall pay costs of this proceeding to the Non-applicant, which is quantified at Rs. 500/-. 1977 JLJ 493 relied on.