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Documents citing Pawan Kumar Gupta vs Surinder Kaur on 29 July, 2009

Tejinder Singh vs Chhinda Singh And Others on 27 May, 2011

So far as Pawan Kumar's case (supra) on which reliance has been placed by learned counsel for the petitioner-plaintiff is concerned, in that case petitioner-plaintiff are allowed to lead expert evidence to prove an issue onus of which was on the defendants on the facts and circumstances of that case and however, the said judgment is not applicable to the facts of the present case.
Punjab-Haryana High Court Cites 5 - Cited by 0 - R C Gupta - Full Document

Satish Kumar vs M/S Bedi Engineers (India) And Another on 30 July, 2012

"The proving of an issue by the defendant depends upon the specific plea taken in defence by the defendant and that burden can be discharged by the defendant by proving his case by his evidence and then the plaintiff can rebut those issues of the defendant by leading evidence. Sometime, it happens that one issue is framed placing burden upon the plaintiff and another issue may be an issue of rebuttal of the issue framed for plaintiff, then in that case, the plaintiff if leads evidence to prove his case, it is not necessary to say that he led evidence to meet with the defence of the defendant because of the reason Civil Revision No. 7189 of 2010 -5- that the plaintiff has right to prove his case and for that purpose he may not take risk of not proving his case on his assumption that the facts pleaded may be treated as admitted by the defendant by the Court, which may be disputed or may be interpreted subsequently in otherwise way on the basis of the pleas of the defendant. Therefore, what evidence the plaintiff has led on the issues and whether the plaintiff touched the issue of the defendant depends upon the facts of the case and no formula can be provided for deciding the matter."
Punjab-Haryana High Court Cites 3 - Cited by 0 - A N Jindal - Full Document

Pritpal Singh vs Davinder Singh And Others on 4 October, 2013

Judgments in the cases of Pawan Kumar and Bachittar Singh (supra) are not applicable Monika 2013.10.05 11:15 I attest to the accuracy and integrity of this document High Court Chandigarh C. R. No. 6040 of 2013 4 to the instant case because in those cases, the plaintiff had right to lead the proposed evidence in rebuttal on the issues, onus whereof was on the defendants.
Punjab-Haryana High Court Cites 5 - Cited by 0 - L N Mittal - Full Document

Jaswant Singh vs Jagroop Singh And Ors on 11 January, 2016

3. Yet another judgment in Pawan Kumar Vs. Surinder Pal and another 2010(8) RCR (Civil) 1958 relied on by the counsel was with reference to an agreement of sale. The plaintiff proved on record an agreement of sale and the Court was holding that the cause of action to lead evidence of rebuttal would arise only if the defendants lead any evidence in affirmative on an issue, onus of which is on them. The Court was again considering the situation of the defendants who had been compelled to give evidence, burden of which was on the PANKAJ KUMAR 2016.01.18 12:24 I attest to the accuracy and integrity of this document C.R. No.101 of 2016 -3- defendants. I must reiterate that in this case, there was no burden on the defendants to prove that the document was forgery.
Punjab-Haryana High Court Cites 5 - Cited by 1 - K Kannan - Full Document

Zora Singh vs Bhagwan Singh And Others on 10 December, 2012

I have gone through the judgments passed in case Pawan Kumar Vs. Surinder Pal and another", 2010(8) RCR (Civil), 1958, "Wazirpur Small Industries Association (Regd.) Vs. Union of India and others" 2010(4) AD (Delhi) 262 and "Kewal Singh Vs. Jagjit Singh", 2007(4) RCR (Civil) 631 and "Gurbaksh Singh Vs. Jagat Singh and others", 1990(2) Crl.41 over which reliance has been placed by learned counsel for the respondents in order to contend that the plaintiffs should be given sufficient opportunity to lead evidence in rebuttal to prove his case after defendants close their evidence as provided under Order 18 Rule 3 of the Civil Procedure Code. Still further, in case of any specific issue, the onus of which is upon the defendants, then he should be provided an opportunity to lead rebuttal evidence after the defendants close their CR No.441 of 2012 (O&M) [2] evidence on that issue. The trial court has also rightly discussed regarding the rights of the plaintiffs to lead evidence on the issue, the onus of which is on the defendants.
Punjab-Haryana High Court Cites 3 - Cited by 0 - A N Jindal - Full Document
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