Code of Civil Procedure, 1908–Order 18, Rule 3 r/w. Sec. 151–Prayer of plaintiff to grant the permission for leading the rebuttal evidence–Rejected–Justification–Earlier, the Court below had held that the right of plaintiff to lead rebuttal evidence ought to be reserved–This order remained in existence therefore, the impugned order could not have been passed by recalling/reviewing the earlier order–Plaintiff is permitted to lead the rebuttal evidence–However, the defendant would be liberty to file the objection qua the said affidavits and cross-examine the witnesses on the same date.
