Code of Civil Procedure, 1908–Order 18, Rule 3–Permission for presenting the additional evidence through the affidavit–Justification–Earlier, several opportunities for the production of witnesses were given and, thereafter, the evidence of respondent-plaintiff was closed–Application for granting the additional opportunity was also dismissed on 11.10.2007 with the observation that the efficacious and timely disposal of the proceedings would be unnecessarily hindered and interrupted–Order dated 11.10.2007 attained finality–Thereafter, the application under Order 18, Rule 3 was wrongly allowed–Further, the affidavit filed by the plaintiff is not in from of rebuttal–Rather, it is in form of Order 18, Rule 2 to fill the lacuna in the evidence–Impugned order is liable to be quashed and set aside.
