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Issues: Whether, in a suit involving plaintiffs and defendants aligned on opposite sides of the controversy, the party having the same interest as the plaintiff should address the Court and lead evidence first, followed by the opposing party.
Analysis: The ruling proceeded on the construction of the procedural provisions governing joinder and the order of hearing. The expression "plaintiff" was understood broadly as the person seeking relief, and the scheme of the Code was read to permit persons supporting the plaintiff's case to be treated as part of the same side for the purpose of trial. Section 179 was taken to give the plaintiff the right to begin unless the statutory exception applied, while Section 180 was read as requiring "the other party" to follow, meaning the opposing force rather than each defendant in turn. A contrary approach was found likely to create confusion and disorder in the conduct of the trial.
Conclusion: The plaintiff and the defendants supporting the plaintiff's case were to address the Court and lead evidence first, and only thereafter were the opposing parties to do so.