Posted On 01 February 2013 at 12:59
All are requested to guide me on below points.
Query on Order 18, Rule 3 CPC :
Order 18 Rule 3 of the CPC, which reads as :-
“3. Evidence where several issues.— 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; and, in the latter case, the party beginning may produce evidence on those issues after the other party has produced all his evidence, and the other party may then reply specially on the evidence so produced by the party beginning; but the party beginning will then be entitled to reply generally on the whole case.”
Query as under:
(1) What does it mean here by issue ? The one which are ONLY & ONLY framed by Court to prove or which may arise during the proceeding ?
(2) In my case Court have framed issues to be proved by me only, i.e.- Burden of proof is totally on me, may be since I am a disputant filed the dispute. Court has not framed any issues to be proved by
But Opponents have filed a CERTIFICATE of Police that a complaint is lodged by them about lost of documents. Does this mean that about this ISSUE of lost of document, the burden of proving same lies on the other party i.e.- Opponents ?
(3) Though the Court has not framed any ISSUE to be proved by Opponents (i.e.-other party), can the point of lost of document raised by other party is considered as an ISSUE ?
(4) Is it mandatory for the Opponent to prove the ISSUE of lost of documents ?
(5) Is it mandatory for the Opponent to prove the ISSUE of CERTIFICATE of Police by calling the Police as witness.
(5a) If Opponents are not calling Police as witness to prove the certificate, then, will the certificate have any evidentary value ?
(6) I am in possession of letter from same Police station informing me that no complaint is registered with their Police station about lost of Society’s documents in a particular period. Earlier Court has rejected my application to take this evidence on record since I could not file it with my examination-in-chief as it was misplaced.
Now can I file the same to Court under RE-BUTTAL OF EVIDENCE by application under O-18, R-3 CPC ?
Kindly guide me on earliest.