Code of Civil Procedure, 1908–Order 13, Rule 3–Law of evidence–Affidavit fled by the petitioners in rebuttal evidence was rejected by the Trial Court–Appreciation of–Burden to prove the issue nos. 1 to 13 was upon petitioner-plaintiff whereas the burden to prove the issue nos. 14 to 27 was on respondent-defendants–Material available on record shows that the petitioner tried to improve the evidence given by it earlier–Same is not permissible in law–Petitioner cannot be allowed to fill the lacuna left in the evidence earlier led by it–It can only give rebuttal evidence qua the issues, the burden of proof of which lies upon the respondent-defendants–Held, Court below rightly allowed the objection of respondent-defendants and rejected the affidavit filed by the petitioner.
