Published on: 13 December 2022 at 16:25 IST
Court: Supreme Court of India
Citation: Rasiklal Manikchand Dhariwal v. M.S.S. Food Products 2012
Honourable Supreme Court of India has held that the Plaintiff has a right to begin the Civil Suit before the judicial forum by the virtue of Order 18 Rule 1 of the Code of Civil Procedure, 1908. However, Defendant has the right to begin following conditions.
- If Plaintiff is not entitled to the relief by the law.
- Defendant admits the facts alleged by the Plaintiff
28. The hearing of a suit begins on production of evidence by the parties and suit gets culminated on pronouncement of the judgment. Under Order 18 Rule 1 of the Code, the plaintiff has a right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional facts alleged by him the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant has the right to begin.
On the day fixed for the hearing of the suit or any other day to which the hearing is adjourned, as per the provisions contained in Order 18 Rule 2, party having the right to begin is required to state his case and produce his evidence in support of issues which he is bound to prove.
Under Order 18 Rule 2 sub-rule (2), the other party shall then state his case and produce his evidence. Under sub-rule (3-A) of Order 18 Rule 2, the parties in suit may address oral arguments in a case and may also avail opportunity of filing written arguments before conclusion of oral arguments.
Drafted By Abhijit Mishra
Key Words: Code of Civil Procedure, Plaintiff, Defendant and Supreme Court of India