Report No. 144
In our opinion, the position definitely stands in need of clarification. The choice is between the liberal view and the strict view. The liberal view1 should be preferred, because it can be adopted without any prejudice to the other side. The strict view2 not only does violence to the language but is unnecessarily harsh. It is, therefore, suggested that Order 18, rule 3, as it stands at present, may be renumbered as sub-rule (1), and a new sub-rule (2) be added to that rule, as under:
"(2) The option referred to in sub-rule (1) shall be exercised and communicated to the court before the other party begins to produce its evidence."
1. Para. 7.2.3, supra.
2. Para. 7.2.4, supra.