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J. B. PARDIWALA, R. MAHADEVAN
Jami Venkata Suryaprabha – Appellant
Versus
Tarini Prasad Nayak – Respondent
ORDER :
1. This petition arises from the order passed by the High Court of Orissa in CMP No.1019 of 2024 (original jurisdiction case) dated 23rd September, 2024 by which the petition filed by the petitioners herein seeking to challenge the order passed by the Civil Judge (Senior Division), Paralakhemundi came to be rejected thereby affirming the order passed by the Civil Judge rejecting the application filed by the petitioners herein in the capacity of being a plaintiff under Order XVIII Rule 1 of the Civil Procedure Code, 1908.
2. The petitioners herein are the original plaintiffs and the respondents herein are the original defendants.
3. The petitioners have instituted a suit for specific performance of contract based on an agreement of sale dated 1st September, 2019, said to have been executed by the respondents(defendants) in their favour.
4. The respondents herein filed their written statement stating in para 6 thereof as under:-
(1) Hearing of suit is only a part of trial of suit – Determination of question as to which party has right to begin is an integral part of hearing itself.(2) Burden of proof – Averments made in writ....
The court upheld the principle that, ordinarily, the plaintiff must lead evidence first, barring exceptions, reaffirming the proper application of civil procedural rules regarding burden of proof.
Right to begin evidence – Right to begin or privilege of opening of case will be determined by rules of evidence – General rule is that party on whom burden of proof lies should begin.
Examination of witnesses – Court has no power to issue a direction to defendant compelling him to lead his evidence before plaintiff adduces his evidence.
(1) Sitting as a Court of First Appeal, it is duty of Appellate Court to deal with all issues and evidence led by parties before recording its findings.(2) For the purpose of passing decree for speci....
The plaintiff cannot request the court to direct the defendant to lead evidence first, and the defendant's right to begin is contingent upon specific admissions by the defendant.
The main legal point established in the judgment is the importance of allowing the plaintiff to adduce evidence, the discretion of the court in allowing written statements, and the necessity of imple....
The court must consider the case of the plaintiff on merits after giving an opportunity to adduce evidence, and the judgment must satisfy the requirements of the law.
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