Supreme Court · [2024] 12 S.C.R. 646 · Decided 9 December 2024
Jami Venkata Suryaprabha & ANR. v. Tarini Prasad Nayak & ORS.
- Court
- Supreme Court of India
- Citation
- [2024] 12 S.C.R. 646
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 29045/2024
- Decided
- 9 December 2024
- Bench
- J.B. PARDIWALA, R MAHADEVAN (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 227
Headnote
Issue arose as regards the right of plaintiff to ask the defendant to lead the evidence. Code of Civil Procedure, 1908 - Ord. XVIII r.1 - Hearing of suit and examination of witnesses - Right to begin - Defendants be asked to lead - When: Held: Ord. XVIII speaks of the 'hearing' of a suit which is only a part of the trial of the suit - Determination of the question as to which party has a right to begin is an integral part of the hearing itself - Ord. XVIII r. 1 indeed provides for
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