Case Note & Summary
The plaintiffs, Usha D. Shah and another, filed two suits for specific performance of agreements for sale of flats, based on letters of allotment dated 28 February 1994 from Defendant No.1 (Utility Premises Pvt. Ltd.) for Rs.56 lakhs each. The plaintiffs alleged that Defendant No.1 refused to perform, and later discovered that Defendant No.1 was entering into agreements with Defendant No.2 for the entire construction. Defendant No.2 filed a written statement on 21 September 2005 claiming rights under an agreement dated 28 June 1996. In February 2014, the plaintiffs came across a supplementary agreement between Defendant Nos. 1 and 2 and Cogent Ventures (India) Ltd. The plaintiffs then filed chamber summonses seeking to amend the plaint and lead additional evidence. The court had earlier allowed the amendment. After the defendants closed their evidence, the plaintiffs took out the present chamber summonses under Order 18 Rule 3 CPC to lead evidence in rebuttal. The court noted that the plaintiffs had reserved the right to rebut at the time of closing their evidence. The court held that the new facts from the supplementary agreement were not within the plaintiffs' knowledge earlier, and the defendants had led evidence on those facts. Therefore, the plaintiffs were entitled to rebut that evidence. The court allowed the chamber summonses, permitting the plaintiffs to lead rebuttal evidence within four weeks, and directed the defendants to cross-examine within two weeks thereafter.
Headnote
A) Civil Procedure - Rebuttal Evidence - Order 18 Rule 3 CPC - Right to lead evidence in rebuttal - Plaintiffs sought permission to lead rebuttal evidence after defendants closed their case, based on new facts from a supplementary agreement disclosed during trial - Court held that the plaintiffs had reserved the right to rebut and the new evidence was not within their knowledge earlier - Allowed the chamber summonses (Paras 2-6).
Issue of Consideration
Whether the plaintiffs are entitled to lead evidence in rebuttal after the defendants have closed their evidence, particularly in light of new facts disclosed in the supplementary agreement.
Final Decision
Chamber Summons Nos.290 of 2017 and 295 of 2017 are allowed. Plaintiffs are permitted to lead evidence in rebuttal within four weeks from the date of the order. Defendants are at liberty to cross-examine the plaintiffs' witnesses within two weeks thereafter.
Law Points
- Order 18 Rule 3 CPC
- Right to rebuttal evidence
- Specific performance
- Letters of allotment
- Supplementary agreement
