ES वादों की सुनवाई किस प्रकार प्रारंभ की जाती है? किस पक्षकार को मामले की सुनवाई में अपना साक्ष्य सबसे पहले प्रस्तुत करने का अधिकार होता है?

 

Hearing of the Suit: Procedure and Right to Begin

The hearing of a civil suit begins once the pleadings are complete, summons have been served, and both parties have appeared before the court. The procedure for the commencement of the hearing is governed by the Code of Civil Procedure, 1908 (CPC) in India. Below are the key steps involved:

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1. Steps in the Hearing of a Suit

(i) Opening of the Case

• On the date fixed for the hearing, the judge calls the case and ensures that both parties are present.
• The plaintiff or his advocate presents an opening statement outlining the case.

(ii) Framing of Issues

• The court frames issues based on the pleadings, which are the disputes between the parties that need adjudication.
• Issues may relate to facts, law, or a mix of both.

(iii) Plaintiff’s Evidence

• Since the burden of proof is on the plaintiff (under Section 101 of the Indian Evidence Act, 1872), he begins by presenting his evidence.
• The plaintiff presents oral and documentary evidence to support his claim.
• The plaintiff and his witnesses undergo examination-in-chief, followed by cross-examination by the defendant's lawyer.

(iv) Defendant’s Evidence

• After the plaintiff's evidence is concluded, the defendant presents his defense.
• The defendant and his witnesses are examined in a similar manner as the plaintiff.
• The defendant may also present documentary evidence to counter the plaintiff's claim.

(v) Arguments by Both Parties

• Once all evidence is recorded, both parties present their arguments.
• Lawyers on both sides highlight the strengths of their case and weaknesses in the opposing party’s evidence.

(vi) Judgment and Decree

• After hearing the arguments, the judge pronounces the judgment.
• The decree is formally drawn based on the judgment.

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2. Which Party Has the Right to Begin the Case First?

The plaintiff has the right to begin his case first in most situations, as he bears the initial burden of proof. However, in certain circumstances, the defendant may have the right to begin. Below are the key principles:

1. Plaintiff’s Right to Begin

   • As per Order XVIII Rule 1 of the CPC, the party who has the burden of proof in the suit generally begins first.
   • Since the plaintiff initiates the lawsuit and claims relief, he must first prove his allegations.

2. Defendant’s Right to Begin (In Exceptional Cases)

   • If the defendant admits the plaintiff’s claim but raises a counterclaim, the defendant may get the right to begin.
   • If the court directs, the defendant may lead with his evidence first, especially if he has raised a special plea which requires prior consideration.

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3. Conclusion

The hearing of a suit begins with procedural formalities, followed by the presentation of evidence and arguments. In most cases, the plaintiff has the right to begin since he carries the burden of proof. However, in special cases like counterclaims or legal defenses requiring priority consideration, the defendant may be allowed to begin first.