9911796707
TMI Blog1908 (2) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... authority either in India or under the English practice (and I have searched all the authorities I could think of) I carefully considered it. In the first place itappeals no me that it must be a question for the discretion of this Court to decide. I am seized of this case and it is ray duty to see that the case is tried in a fair and proper manner without prejudice or injury to either side as aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cond defendant and defendants 9 to 14 must be considered as-to use a colloquial expression-being in the same boat, although no doubt defendants 9 to 14 are not seeking any relief possibly beyond that of the plaintiff and the second defendant; and. therefore, you have these two forces arrayed against each other-the plaintiff and the second defendant and defendants 9 to 14 against the other defendan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his evidence in support of the issues which he is bound to prove. The explanation to it is:-' The plaintiff has the right to begin, unless when the defendant admits the facts alleged by the plaintiff' and contends that either in point of law or on some additional facts alleged by the defendant, the plaintiff in not entitled to any part of the relief which he seeks, in which case the de f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present case the plaintiff would begin her case; then the first defendant, who is the other party, would state his case and call his evidence; then the second defendant, who supports the plaintiff's case would state her case and call her evidence ; then possibly the third defendant, who is opposing the plaintiff would open her case and call her evidence; and so on, so that the record would be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons, it seems to me that 1 must rule that in this case the plaintiff and such of the defendants as support the plaintiffs case wholly or in part, must address the Court and call their evidence in the first place, and then, following the words of Section 180 of the Code, the other party, namely the persons opposed to the plaintiff's case and that of the other defendants supporting her, must add ..... X X X X Extracts X X X X X X X X Extracts X X X X
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