Skip to content
Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XVIII: Hearing Of The Suit And Examination Of Witnesses

Order XVIII Rule 3 CPC: Evidence where several issues

Bare Act text

3. Evidence where several issues.—Where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option, either produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party; and, in the latter case, the party beginning may produce evidence on those issues after the other party has produced all his evidence, and the other party may then reply specially on the evidence so produced by the party beginning; but the party beginning will then be entitled to reply generally on the whole case.

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

Where there are several issues, and the burden of proving some lies on the other party, the party beginning may either produce his evidence on those issues or reserve it in answer to the other party's evidence. If he reserves it, he may produce evidence on those issues after the other party has produced all his evidence, and the other party may then reply specially on that evidence. The party beginning remains entitled to reply generally on the whole case.

Order XVIII: Hearing Of The Suit And Examination Of Witnesses

  1. 1 Right to begin
  2. 2 Statement and production of evidence
  3. 3 Evidence where several issues
  4. 3A Party to appear before other witnesses
  5. 4 Recording of evidence
  6. 5 How evidence shall be taken in appealable cases
  7. 6 When deposition to be interpreted
  8. 7 Evidence under section 138
  9. 8 Memorandum when evidence not taken down by Judge
  10. 9 When evidence may be taken in English
  11. 10 Any particular question and answer may be taken down
  12. 11 Questions objected to and allowed by Court
  13. 12 Remarks on demeanour of witnesses
  14. 13 Memorandum of evidence in unappealable cases
  15. 14 Judge unable to make such memorandum to record reasons of his inability (Omitted)
  16. 15 Power to deal with evidence taken before another Judge
  17. 16 Power to examine witness immediately
  18. 17 Court may recall and examine witness
  19. 17A Production of evidence not previously known or which could not be produced despite due diligence (Omitted)
  20. 18 Power of Court to inspect
  21. 19 Power to get statements recorded on commission
ShareWhatsAppTelegramLinkedInX