⚖️ Legal Learning: Rebuttal & Additional Evidence in Civil Procedure
Principle:
A plaintiff cannot, as a matter of right, lead
evidence in rebuttal on issues where the onus of proof lies upon him, unless he has specifically reserved such right at the appropriate stage of trial.
Key Rule:
Once the plaintiff’s evidence is closed, additional or rebuttal evidence cannot be introduced as a routine matter. It can be permitted only if the court is satisfied that:
There are sufficient and bona fide reasons, and
The interests of justice demand it.
Judicial Insight:
Courts emphasize that procedural fairness must balance with finality of proceedings. Allowing evidence after closure without valid cause can delay justice and prejudice the opposite party.
Learning Point:
🔹 Always reserve your right to rebuttal evidence at the stage of framing issues or before closing evidence.
🔹 Additional evidence is a discretion of the court, not a right.
🔹 Ensure that any request for leading further evidence is supported by strong justification.
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