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Showing posts with label right to begin. Show all posts
Showing posts with label right to begin. Show all posts
Sunday, 13 August 2023

Can the Plaintiff Ask the Defendant to Adduce Their Evidence, Reserving the Liberty to Lead Evidence in Rebuttal After Presenting Their part Evidence?

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  It will be also necessary to refer to Rule 3 of Order XVIII which reads thus: 3. Evidence where several issues. Where there are several is...
Sunday, 31 July 2022

Under which circumstances the court can direct defendant to adduce his evidence first?

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Thus, in view of the aforesaid, it is clear that if the defendants are able to prove the issues no. 1 and 2 with respect to which the onus  ...
Saturday, 26 October 2019

When defendant shall have right to begin?

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  Order 18 Rule 1 CPC, which is hub of the issue, is quoted hereunder: "1. Right to begin- The plaintiff has the right to begin u...
Saturday, 28 September 2019

Whether court can direct defendant to lead evidence first?

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  In view of the above, it is no longer res integra that the court does not have the power under Order 18 Rule 1, much less, under Order 1...

Whether husband can compel wife to adduce her evidence reserving his right to adduce evidence?

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The Family Court was right in rubbishing the claim of the husband that he did not wish to lead evidence "at this stage". There w...
Sunday, 9 September 2018

Whether court can direct defendant to lead evidence first?

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 In Bhagirath Shankar Somani v. Rameshchandra Daulal Soni, MANU/MH/0306/2007 : 2007 (5) Mh.L.J. 508 : 2007(4) ALL MR 514, this Court concl...