Law: Civil Procedure Code (V of 1908)

Section: O.XVIII,R.1,2,3

(a) Civil Procedure Code (V of 1908)--- ----O. XVIII, R.1---Hearing of suit and examination of witnesses---Right to begin---Scope---Order XVIII, R.1, C.P.C. prescribes the procedure for the hearing of the suit---Rule 1, O.XVIII, C.P.C. determines whether plaintiff or defendant has a right to commence---Said Rule provides that 'the right to begin' is that of the plaintiff except when the defendant admits the facts alleged by the plaintiff and contends that either on a point of law or on some additional facts alleged by defendant, the plaintiff is not entitled to any part of the relief sought---In later case, defendant has a right to begin---Party on whom the burden of proof lay has the right to begin. (b) Civil Procedure Code (V of 1908)--- ----O. XVIII, R.2---Hearing of suit and examination of witnesses---Statement and production of evidence---Scope---Order XVIII, R. 2, C.P.C. provides that on the day fixed for the hearing of the suits, the party having the right to begin shall state his case and produce evidence---Other party may then produce his evidence---In such a case the party beginning may then reply generally on the whole case---Rule 2, O.XVIII, C.P.C. applies when the onus of proof is on one party. (c) Civil Procedure Code (V of 1908)--- ----O. XVIII, R.3---Hearing of suit and examination of witnesses---Evidence where several issues existed---Right to reserve evidence---Scope---Order XVIII, R. 3, C.P.C. relates to a situation where there are several issues, and the burden of proving some is on the plaintiff while others is on the defendant---Party determined under O. XVII, R.1, C.P.C. as having the right to begin can exercise an option i.e. either to produce evidence, even on those issues on which the burden of proof is on the other party, or to abstain from producing evidence on such issues and reserves the right to answer after the evidence has been produced by the other party---In case the later option is exercised then after the other party has produced evidence, the party which has exercised its option to abstain shall produce evidence---Rule 3, O.XVIII, C.P.C. does not provide as to which stage the party is entitled to exercise its option to…

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