The Code Of Civil Procedure 1908
Order XVIII :
Rule 3 :
Evidence where several issues :
Where there are several issues, the burden of proving some of which lies on the party, the party beginning may, at his option, either produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party; and, in the latter case, the party beginning may produce evidence on those issues after the other party has produced all his evidence, and the other party may then reply specially on the evidence so produced by the party beginning; but the party beginning will then be entitled to reply generally on the whole case.
State Amendment :
High Court Amendment-[Allahabad] :
For the present rule, substitute the following:
"Rule 3. (1) Where there are several issues the burden of proving some of which lies on the other party, the party beginning may, at his option, either state his case in the manner aforesaid and produce his evidence on those issues or reserve the statement of his case and the production of his evidence on those issues by way of answer to the evidence produced
(2) After both parties have produced their evidence, the party begining may address the Court on the whole case; the other party may then address the Court on the whole case; and the party begining may reply generally on the whole case, provided that in doing so he shall not, without the leave of the Court, raise questions which should have been raised in the opening of address."
-(20.6.1936).
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