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A.VENKATESHWARA REDDY
P. Ranga Reddy (Died) per L. Rs. – Appellant
Versus
P. Snehalatha Reddy – Respondent
ORDER
A. Venkateshwara Reddy, J.—The revision petitioner/2nd plaintiff has filed this Civil Revision Petition under Article 227 of the Constitution of India assailing the order dated 04.02.2020 in IA No.169 of 2020 in OS No.377 of 2013 passed by the III Additional Chief Judge, City Civil Court, Hyderabad.
2. The petitioners/plaintiffs have filed IA No.169 of 2020 under Order XVIII, Rule-1 CPC to direct the respondent/defendant to commence the trial in OS No.19 of 2017. The learned III Additional Chief Judge, City Civil Court, Hyderabad, after studied examination of the rival contentions opined that the petitioners cannot take the ground of proceeding the case by the defendants by commencing the trial, leading their evidence, since the suit filed by them is for recovery of possession and trial already commenced. Accordingly, directed the petitioners/ plaintiffs to proceed with the trial in OS No.377 of 2013 till they discharged their initial burden cast upon them u/s.101 of the Indian Evidence Act in proving their case in OS No.377 of 2013. Accordingly, the petition was partly allowed.
3. Being aggrieved by the said order, one of the plaintiffs i.e., plaintiff No.2, has filed the pres
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.
The Court emphasized the importance of triable issues and the respective claims and cause of action of the parties in determining the maintenance of the suit.
Sufficient opportunity must be given to parties to prove their case to prevent denial of valuable rights.
A plaintiff must include all claims arising from the same cause of action in one suit; splitting claims without court permission is impermissible.
High Court's jurisdiction under Article 227 is to ensure subordinate courts act within their authority; amendments to pleadings must be sought in good faith and with due diligence.
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