9911796707
TMI Blog1908 (2) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... d to which I have been unable to find any direct 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the conclusion I have come to is that without doubt the plaintiff and the second 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 plain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is adjourned, the party having the right to begin shall state his case and produce 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, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such defendants as was opposed to the plaintiffs; during the course of the hearing as the case went on. Thus, in the 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 de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Advocate-General and Mr. Padshah, as representing the other defendants who arc opposing her. 8. For those reasons, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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