How Evidence Works When Multiple Issues Exist – Order 18 Rule 3 CPC

 1. Original Section :

"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."

2.Explanation

This rule is about how evidence should be presented when a case has multiple issues, and both parties carry the burden of proving different issues.

-The party who opens the case (usually the plaintiff) has two choices:

1. Produce evidence on all issues right away (both his own issues and those where the burden is on the other party), OR
2. Hold back evidence on issues where the burden lies on the other side, wait to see what the other party produces, and then bring in evidence to counter it.

If the opening party chooses option (2):

• The other party can reply specifically to this fresh evidence.
• Finally, the opening party gets a last chance to reply generally on the whole case.

3. Illustration

• Suppose there are four issues in a suit:
• Issue 1: Ownership of property → burden on plaintiff.
• Issue 2: Validity of sale deed → burden on plaintiff.
• Issue 3: Existence of tenancy → burden on defendant.
• Issue 4: Payment of rent → burden on defendant.

Now, the plaintiff (party beginning) may:

• Either produce evidence on all four issues upfront, OR
• Prove ownership and validity (Issues 1 & 2) first,
• then wait until the defendant produces evidence on tenancy and rent (Issues 3 & 4),
• and finally bring evidence to counter tenancy/rent claims.

This avoids showing all your cards at once and lets you tailor evidence strategically.

4. Practical Use for Advocates

• Tactical advantage: Helps you time your evidence for maximum impact.
• Control over trial: You can choose when to confront the opponent’s claims.
• Cross-examination leverage: If the opponent’s witnesses are weak, you can bring stronger rebuttal evidence later.

Courts usually allow this option to ensure fairness when the burden of proof is split between both sides.

In short:
Order XVIII Rule 3 CPC gives the plaintiff (or the party beginning) the right to choose whether to produce evidence on all issues immediately or to reserve evidence on some issues until the other party has presented their side. This ensures fairness and prevents one side from being forced to disclose its entire case prematurely.