Code of Civil Procedure, 1908 | O. 18 Hearing of the suit and examination of witnesses

R. 1 Right to begin

* Suit for specific performance – allegation by Defendant that agreement for sale entered into between parties was obtained by coercion – Plaintiff in counter however stated that execution of documents has been admitted – thus a presumption has been raised in favourof plaintiff that said documents was made for consideration, shifting burden on to Defendant to establish that there was no consideration – further suit was filed before expiry of time stipulated in agreement and balance sale consideration was also deposted in court in such circumstances order of trial court dicrecting Defendant to begin with case – proper.
AIR 2004 Mad. 243 (Bama v. Rukiyal Bivi)

R. 2 Statement and production of evidence

* Plea of limitation mentioned in written statement – but no issue is framed – Plaintiff is not required to lead evidence regarding limitation.
1997(2) GLH 742

R. 3 Evidence where several issues

* Leading evidence in rebuttal – plaintiff led evidence touching to his own case only – order allowing Plaintiff to lead evidence in rebuttal – not illegal.
AIR 2004 Raj. 37

R. 4 Recording of evidence

* When evidence is recorded by commissioner appointed by court – it would be proper that there should be at least audio recording simultaneously.
AIR 2004 M.P. 42

R. 5 How evidence shall be taken in appealble cases

* Rule 13 - Recording of evidence – examination in chief of witness – is to be tendered on affidavit as per amended r.4 – AIR 2003 Raj. 74 Impliedly Overruled
AIR 2004 SC 355