Order 18 Rule 1 CPC: Defendant May Be Asked To Lead Evidence First If Case Set Up By It Is Such That Proving It Would Decide All Issues In Suit

Case: Smt. Poonam Bhanot V. Virender Sharma & Ors.

Coram: Justice Mini Pushkarna

Case No.: CS(OS) 587/2017

Court Observation: “The unequivocal position that emerges is that if the defendants set up a case, which if decided, would decide the issues raised in the suit completely, then the defendants can be directed to lead evidence first under Order 18 Rule 1 CPC.”

“The directions as regards the filing of list of witnesses and evidence by way of affidavit, is in the nature of a procedural order…Correction of a procedural order is an inherent power and may be corrected ex debito justitiae to prevent the abuse of its process.”

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