Rebuttal Evidence -- Reservation of Right -- Right to rebut deemed forfeited where not specifically reserved before defendant leads evidence
(i) Civil Procedure Code, 1908, O.18 R.3 -- Rebuttal Evidence -- Reservation of Right -- The right of rebuttal available to a plaintiff is confined to issues on which the onus of proof lies upon the defendant -- Such right must be specifically reserved either at the time of closing evidence in affirmative or at a stage prior to the defendant leading evidence -- Where no such right is reserved, it shall be deemed to have been forfeited. (ii) Civil Procedure Code, 1908, O.18 R.3 -- Rebuttal Evidence -- Suit for Declaration -- Family Settlement -- Denial of Signatures -- Where a plaintiff files a suit for declaration on the basis of an alleged family settlement and the defendant denies his signatures thereon, it is incumbent upon the plaintiff to lead all evidence in affirmative to prove the family settlement -- Where neither any reservation of the right to lead rebuttal evidence is on record, nor the original family settlement placed before the court, the application for leading rebuttal evidence is not maintainable.
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