Bengaluru
The Karnataka High Court has clarified that in cases with multiple issues, the plaintiff retains the right to lead evidence first, even if the burden of proving certain issues rests on the defendant.
Justice S. Vishwajith Shetty made this observation while allowing a petition filed by Deenanath, setting aside a trial court order. The trial court had permitted respondent-plaintiffs, Chandrahas, to reserve their right to lead rebuttal evidence while asking the defendant to present evidence first in a property partition suit. Deenanath contended that the plaintiffs should have led evidence on issues where the burden of proof was theirs, arguing that the trial court erred in granting the plaintiffs’ request.
Referring to Order XVIII, Rules 1 and 3 of the Code of Civil Procedure (CPC), the court explained that ordinarily, the plaintiff has the right to begin by leading evidence. The only exception arises when the defendant admits the plaintiff’s facts but contends that the plaintiff is not entitled to relief, in which case the defendant may start first. Rule 3 allows parties to reserve evidence on issues where the burden lies on the other party, enabling rebuttal later.
The High Court also cited the Bombay High Court ruling in Hagirath Shankar Somani v. Rameshchandra Daulal Soni (2007), noting that courts cannot direct a defendant to lead evidence first unless the defendant claims the right under Rule 1.
Setting aside the trial court’s order, the High Court directed that the plaintiffs must lead evidence on all issues except issue No.2. The trial court may consider any subsequent request by the plaintiffs to present rebuttal evidence on issue No.2 after the defendant has led evidence.