Law:

Section:

----beginnin . Now, the party beginning had in any case to lead evidence on the issues the burden of proving which was on him and R. 3 of OXVIII, C.P.C. was concerned My with the issues the burden of proving which was on the otherparty and it was in respect of those latter issues that the party beginnin had the option provided for in rule 3 of Order XVIII, C.P.C. The words "those issues" in rule 3 obviously refer to the earlier words "issues the burden of proving which lies on the other party". The option was that the party beginning may either produce his evidence on the issues the burden of proving which was on the other party or reserve such evidence by way of answer to evidence produced by the other party

It was not necessary that the option must be exercised before the party beginning had produced any evidence at a l. It would be open to such party to produce evidence on such of the issues the burden of proving which ~w" on him and then, without producing any evidence on the issues the burden of proving which. was on the other party, to exercise the option provided for by rule 3 of OXVIII, Civil Procedure Code.

The option given by Order XVIII, Rule 3, Civil Procedure Code was EITHER to. produce evidence on the issues the burden of proving which was on the other party OR to reserve such evidence. The option was thus to do one or the other not both. The plaintiff, admittedly produced evidence on such issues. He, thereby, exercised the option given to him by Order XVIII, rule 3, C.P.C. and, therefore, there was no option left to be exercised.