1. Right to begin.—The plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contents that either in point of law or on some additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant has the right to begin.
Order XVIII Rule 1 CPC: Right to begin
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
The plaintiff has the right to begin. The exception is where the defendant admits the facts alleged by the plaintiff and contends, either on a point of law or on some additional facts the defendant alleges, that the plaintiff is not entitled to any part of the relief sought. In that case the defendant has the right to begin.
Order XVIII: Hearing Of The Suit And Examination Of Witnesses
- 1 Right to begin
- 2 Statement and production of evidence
- 3 Evidence where several issues
- 3A Party to appear before other witnesses
- 4 Recording of evidence
- 5 How evidence shall be taken in appealable cases
- 6 When deposition to be interpreted
- 7 Evidence under section 138
- 8 Memorandum when evidence not taken down by Judge
- 9 When evidence may be taken in English
- 10 Any particular question and answer may be taken down
- 11 Questions objected to and allowed by Court
- 12 Remarks on demeanour of witnesses
- 13 Memorandum of evidence in unappealable cases
- 14 Judge unable to make such memorandum to record reasons of his inability (Omitted)
- 15 Power to deal with evidence taken before another Judge
- 16 Power to examine witness immediately
- 17 Court may recall and examine witness
- 17A Production of evidence not previously known or which could not be produced despite due diligence (Omitted)
- 18 Power of Court to inspect
- 19 Power to get statements recorded on commission