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Report No. 144

7.1.4. Recommendation.-

It is desirable to settle the law by a suitable amendment. To stretch the sub-rule as permitting such an application to call a witness after the case is closed for judgment, seems to be an undesirable expansion of the normal procedure and, for this reason, it is recommended that in Order 18, rule 2(4), after the words "at any stage" which appear at the end, the words "before the case is closed for judgment" should be added.

7.2. Order 18, rule 3 and Reservation of evidence

7.2.1. Order 18, rule 3 (so far as is material), provides that where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option, either produce his evidence on those issues, or reserve it by way of answer to the evidence produced by the other party. The rule thus gives two options to the party, namely, (i) the option to produce, or (ii) the option to reserve. The procedure to be followed, if the latter option is exercised by the party in question, is set out in the latter half of the rule.

Conflicting Judicial Decisions pertaining to the Code of Civil Procedure Back

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