Order 18 MCQ Quiz - Objective Question with Answer for Order 18 - Download Free PDF

The correct answer is 'only on those issues burden of proving the same lies on him.'

Key Points

• Order XVIII Rule 3 of Code of Civil Procedure, 1908:
  • Order XVIII Rule 3 allows the party beginning to lead evidence to reserve their right to produce rebuttal evidence at a later stage, provided they have a burden of proof on certain issues.
  • The party must clearly indicate which specific issues they are reserving rebuttal evidence for, ensuring clarity and procedural fairness in the trial.
  • This provision ensures that the party with the burden of proof has the opportunity to counter any evidence presented by the opposing party during the trial.
• Correct Interpretation:
  • Under this rule, the party beginning has the right to reserve evidence only on those issues where the burden of proving lies on them, as it is their responsibility to establish their claims or allegations.
  • This ensures that the trial proceeds in a systematic and logical order, giving both parties a fair opportunity to present and contest evidence.

Additional Information

• Explanation of Incorrect Options:
  • Option 1 (on all the issues): This is incorrect because the party cannot reserve rebuttal evidence for all issues indiscriminately. The reservation is limited to issues where they bear the burden of proof.
  • Option 3 (only on those issues burden of proving the same lies on the other party): This is incorrect because the rule explicitly applies to the party bearing the burden of proof, not the opposing party.
  • Option 4 (No right to reserve): This is incorrect as Order XVIII Rule 3 explicitly provides the right to reserve rebuttal evidence under specific circumstances.
• Purpose of the Rule:
  • The rule ensures procedural fairness by allowing the party with the burden of proof to address any counter-evidence presented by the opposing party in a structured manner.
  • It prevents unnecessary delays by limiting the scope of rebuttal evidence to specific issues rather than reopening the entire case.

The correct answer is Order 18 Rule 3A

Key Points

• Order 18 Rule 3A of the Code of Civil Procedure, 1908 provides that:
  “Where a party himself wishes to appear as a witness, he shall so appear before any other witness on his behalf has been examined, unless the court permits otherwise for reasons to be recorded in writing.”
• This rule establishes the general requirement that a party must appear as a witness before examining any other witness on their behalf.
• However, the court has the discretion to allow the party to examine their witnesses first, and then examine themselves, but only with recorded reasons.
• The provision was inserted to prevent manipulation of evidence and ensure transparency.

The correct answer is Option 2.

Key PointsOrder XVIII – Hearing of the Suit and Examination of Witnesses

• Rule 4: Recording of evidence—
  • The Commissioner may record such remarks as it thinks material respecting the demeanour of any witness while under examination:
  • Provided that any objection raised during the recording of evidence before the Commissioner shall be recorded by him and decided by the Court at the stage of arguments

The correct answer is option 1.

Key Points

•  As per the Order XVIII Rule 1, it is a general rule that right to begin lies with the plaintiff.
• However, the same rule also provides for an exception when the defendant has a right to begin evidence prior to plaintiff in a civil suit. In order to avail the exception, the following conditions must be fulfilled:
  • The defendant must admit the facts alleged  by the plaintiff; and
  • The defendant must contend 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.
• It is a well settled law that the person who sets law in motion and seeks relief before the court, must be in position to prove his case and get relief. It is the plaintiff upon whom the burden of proof lies to prove his case and defendant cannot be put in a disadvantageous position by asking him to begin with evidence as he is expected to answer the claim of the petitioner. Therefore, the right to begin with evidence lies with the plaintiff. And plaintiff is relieved from such burden only in an exceptional circumstance as mentioned in the Order XVIII rule 1.

The correct answer is Option 3

 Key Points Order 18, Rule 1 of C.P.C.

ORDER XVIII – HEARING OF THE SUIT AND EXAMINATION OF WITNESSES

1. Right to begin- 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 seeks, in which case the defendant has the right to begin.

The correct answer is Option 2.

Key PointsOrder XVIII – Hearing of the Suit and Examination of Witnesses

• Rule 4: Recording of evidence—
  • The Commissioner may record such remarks as it thinks material respecting the demeanour of any witness while under examination:
  • Provided that any objection raised during the recording of evidence before the Commissioner shall be recorded by him and decided by the Court at the stage of arguments

The correct answer is Option 3

 Key Points Order 18, Rule 1 of C.P.C.

ORDER XVIII – HEARING OF THE SUIT AND EXAMINATION OF WITNESSES

1. Right to begin- 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 seeks, in which case the defendant has the right to begin.

The correct answer is option 1.

Key Points

•  As per the Order XVIII Rule 1, it is a general rule that right to begin lies with the plaintiff.
• However, the same rule also provides for an exception when the defendant has a right to begin evidence prior to plaintiff in a civil suit. In order to avail the exception, the following conditions must be fulfilled:
  • The defendant must admit the facts alleged  by the plaintiff; and
  • The defendant must contend 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.
• It is a well settled law that the person who sets law in motion and seeks relief before the court, must be in position to prove his case and get relief. It is the plaintiff upon whom the burden of proof lies to prove his case and defendant cannot be put in a disadvantageous position by asking him to begin with evidence as he is expected to answer the claim of the petitioner. Therefore, the right to begin with evidence lies with the plaintiff. And plaintiff is relieved from such burden only in an exceptional circumstance as mentioned in the Order XVIII rule 1.

The correct answer is 'only on those issues burden of proving the same lies on him.'

Key Points

• Order XVIII Rule 3 of Code of Civil Procedure, 1908:
  • Order XVIII Rule 3 allows the party beginning to lead evidence to reserve their right to produce rebuttal evidence at a later stage, provided they have a burden of proof on certain issues.
  • The party must clearly indicate which specific issues they are reserving rebuttal evidence for, ensuring clarity and procedural fairness in the trial.
  • This provision ensures that the party with the burden of proof has the opportunity to counter any evidence presented by the opposing party during the trial.
• Correct Interpretation:
  • Under this rule, the party beginning has the right to reserve evidence only on those issues where the burden of proving lies on them, as it is their responsibility to establish their claims or allegations.
  • This ensures that the trial proceeds in a systematic and logical order, giving both parties a fair opportunity to present and contest evidence.

Additional Information

• Explanation of Incorrect Options:
  • Option 1 (on all the issues): This is incorrect because the party cannot reserve rebuttal evidence for all issues indiscriminately. The reservation is limited to issues where they bear the burden of proof.
  • Option 3 (only on those issues burden of proving the same lies on the other party): This is incorrect because the rule explicitly applies to the party bearing the burden of proof, not the opposing party.
  • Option 4 (No right to reserve): This is incorrect as Order XVIII Rule 3 explicitly provides the right to reserve rebuttal evidence under specific circumstances.
• Purpose of the Rule:
  • The rule ensures procedural fairness by allowing the party with the burden of proof to address any counter-evidence presented by the opposing party in a structured manner.
  • It prevents unnecessary delays by limiting the scope of rebuttal evidence to specific issues rather than reopening the entire case.

The correct answer is Order 18 Rule 3A

Key Points

• Order 18 Rule 3A of the Code of Civil Procedure, 1908 provides that:
  “Where a party himself wishes to appear as a witness, he shall so appear before any other witness on his behalf has been examined, unless the court permits otherwise for reasons to be recorded in writing.”
• This rule establishes the general requirement that a party must appear as a witness before examining any other witness on their behalf.
• However, the court has the discretion to allow the party to examine their witnesses first, and then examine themselves, but only with recorded reasons.
• The provision was inserted to prevent manipulation of evidence and ensure transparency.

The correct answer is Option 2.

Key PointsOrder XVIII – Hearing of the Suit and Examination of Witnesses

• Rule 4: Recording of evidence—
  • The Commissioner may record such remarks as it thinks material respecting the demeanour of any witness while under examination:
  • Provided that any objection raised during the recording of evidence before the Commissioner shall be recorded by him and decided by the Court at the stage of arguments

Explanation- Order 18 Rule 9- When evidence may be taken in English.- (1) Where English is not the language of the court, but all the parties to the suit who appear in person, and the pleaders of such of the parties as appear by pleaders, do not object to having such evidence as is given in English, being taken down in English, the Judge may so take it down or cause it to be taken down. Where evidence is not given in English but all the parties who appear in person, and the pleaders of such of the parties as appear by pleaders, do not object to having such evidence being taken down in English, the Judge may take down, or cause to be taken down, such evidence in English.

The correct answer is only before any other witness on behalf of the plaintiff has been examined.