1908 (2) TMI 1

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....arties and is also one with regard to which I have been unable to find any direct authority either in India or under the English practice (and I have searched all the authorities I could think of) I carefully considered it. In the first place itappeals no me that it must be a question for the discretion of this Court to decide. I am seized of this case and it is ray duty to see that the case is tr....

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.... and the conclusion I have come to is that without doubt the plaintiff and the second defendant and defendants 9 to 14 must be considered as-to use a colloquial expression-being in the same boat, although no doubt defendants 9 to 14 are not seeking any relief possibly beyond that of the plaintiff and the second defendant; and. therefore, you have these two forces arrayed against each other-the pla....

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....s adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove." The explanation to it is:-'"The plaintiff has the right to begin, unless when the defendant admits the facts alleged by the plaintiff' and contends that either in point of law or on some additional facts alleged by the defendant, the plaintiff....

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....e plaintiffs; during the course of the hearing as the case went on. Thus, in the present case the plaintiff would begin her case; then the first defendant, who is the other party, would state his case and call his evidence; then the second defendant, who supports the plaintiff's case would state her case and call her evidence ; then possibly the third defendant, who is opposing the plaintiff w....