K.K.SASIDHARAN, J.

INTRODUCTORY :-

1. Whether the right to begin as provided under Rule 1 and 2 of Order XVIII of Civil Procedure Code is really a right or is in the nature of a legal obligation of the plaintiff to produce his evidence at the first instance is the substantial question that arises for consideration in these original side appeals.

2.These appeals are directed against the Order dated 10 March 2010 in C.S.No.979 and C.S.No.1111/2007 whereby and whereunder the learned Single Judge directed the appellant being the defendant in C.S.No.979/2007 and the plaintiff in the subsequent suit, to start with the letting in of evidence.

3. The parties are referred to as plaintiff and defendant in accordance with their status before the trial Court in the suit in C.S.No.979/2007.

The facts :-

First suit :-

4. The suit in C.S.No.979/2007 was instituted by the plaintiff against the defendant praying for the following reliefs :-

"(a) Declaring that the threats held out by the defendant on September 1 and 3, 2007 that the plaintiff is infringing the defendants patent no.195904 and the defendant is proposing to take infringement action against plaintiff are unjustified;

(b)Declaring tha