SHARANAPPA ALIAS SHARANABASAPPA TIPAMA Vs. VEERAPPA R. MARANBASSARI

JUDGEMENT

(1.) THIS is a suit in which the plaintiff bases his claim on a partnership which is denied by defendant No. 1, or, in the alternative, on co -ownership of certain property, which is also denied by defendant No. 1 who claims the same as his own.

(2.) THE suit reached hearing before me at about 1 p.m. yesterday, and after pleadings were read, issues were settled some time after the luncheon recess. Thereafter, Mr. M.H. Shah, who appears for the plaintiff, stated that he desired to open the plaintiff's case, which he is entitled to do under Order XVIII, Rule 2 of the Code of Civil Procedure. He handed in four compilations containing in the aggregate about 544 pages of correspondence and other documents and, after stating a few dates, he started taking me through relevant portions of various letters, copies of which were to be found in those compilations. Mr. Shah has contended that he is entitled to take me through the documentary evidence on which he relies for proving the plaintiff's case in the course of his opening.

(3.) I will proceed to deal with each of these grounds urged by Mr. Shah in support of his contention on the point, as I feel that it is necessary to lay down some limit to the right of the plaintiff's counsel to open his case. It may be mentioned that there is nothing unusual in the present case which would necessitate a very long opening of the case. It may be that the mass of evidence that is sought to be led by one or the other of the parties is considerable, but the case as such presents no unusual or important features.