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Order 18 Rules 1 and 3 CPC | Right to Lead Evidence First Lies with Plaintiff Even If Burden of Proving Certain Issues Rests on Defendant: Karnataka High Court

05 Nov 2025 4 min read
Order 18 Rules 1 and 3 CPC | Right to Lead Evidence First Lies with Plaintiff Even If Burden of Proving Certain Issues Rests on Defendant: Karnataka High Court

The Karnataka High Court has clarified that in a civil suit involving multiple issues, the right to lead evidence primarily rests with the plaintiff, even when the burden of proving some issues is placed upon the defendant. Justice S. Vishwajith Shetty delivered this ruling while setting aside the trial court’s order which had incorrectly directed the defendant to begin leading evidence. The Court emphasized that under Order XVIII Rule 1…

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