Punjab & Haryana HC: Plaintiffs entitled to rebuttal evidence on disputed Will—Trial Court order set aside

Case Name: Kanta Rani & Anr. v. Parveen Kumar & Anr.
Date of Judgment: January 9, 2020
Citation: CR-6856-2018 (O&M)
Bench: Hon’ble Mr. Justice Anil Kshetarpal

Held: The High Court held that when the onus to prove the validity of a Will lies on the defendants, plaintiffs cannot be compelled to lead evidence in the negative at the initial stage. Their right to lead rebuttal evidence arises only after defendants have led affirmative evidence. The trial court committed a fundamental error in rejecting plaintiffs’ request to examine a handwriting and fingerprint expert in rebuttal.

Summary: The plaintiffs filed a suit for possession of half share in a shop, challenging a Will dated 08.01.1993 as forged. The trial court placed the onus to prove the Will on the defendants. After the plaintiffs closed their evidence and the defendants led theirs, the plaintiffs sought to examine a handwriting and fingerprint expert in rebuttal, relying on documents recently procured under the RTI Act. The trial court rejected the application, holding that the plaintiffs should have produced such evidence earlier. On revision, the High Court disagreed, observing that plaintiffs cannot be asked to prove a negative in their affirmative evidence. Citing Surjit Singh v. Jagtar Singh (2007) and Jagdev Singh v. Darshan Singh (2007), the Court clarified that rebuttal evidence can be adduced after defendants’ affirmative evidence.

Decision: Revision petition allowed. Impugned order set aside. Plaintiffs permitted to lead rebuttal evidence through expert testimony. Trial court directed to expedite disposal of the suit pending for 7 years.