MICROMAX INFORMATICS LTD Vs. VIJAY JAIN & ORS

JUDGEMENT

(1.) Cm Nos.45022-23/2017 (for exemptions)

(2.) The primary ground of challenge on behalf of the appellant is that the filing of evidence by way of affidavits should first begin with the respondents/plaintiffs and therefore, the appellant could not have been called upon to file its evidence prior to the closure of the evidence of the respondents herein. The appellant has relied upon the provisions of Order XVIII Rule 1 & 2 of the Code of Civil Procedure which reads as under:

(3.) It is submitted by Mr. Mehta that so far as hearing of the suit and the examination of the witnesses are concerned, the same have to be abide by Order XVIII Rule 1 and 2 of CPC which mandates that "the plaintiff has the right to begin unless 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 is not entitled to any part of the relief which he seems, in which case the defendant has the right to begin. " Mr. Mehta would submit that it is not the respondents' case before us that the provisions of Rule 1 of Order XVIII, CPC are satisfied.