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Calling of Defendant by Plaintiff as his Witness is Condemnable

By Mandava Kiran Babu

Published In

Air 1994

It is an accepted principle of law that the plaintiff must plead his case first and then prove the same by leading his own evidence, either documentary or oral. The plaintiff cannot and should not be allowed to prove his case through defandent. Just because the defendant failed to disprove or demolish the case of the plaintiff, he is not permitted to ask the court to pass a judgment in his favour. It should be noted that it is plaintiff who rushed to the court with a specific case and therefore it is his primary duty to establish a case to the satisfaction of the court. It is immaterial whether defendant made his appearance or remained ex parte or even after entering appearance did not choose to file any written statement. A defendant who is set ex parte also is permitted to participate in subsequent proceedings and is also entitled to cross examine the plaintiffs witnesses thereby demolishing the plaintiffs case. This view is endorsed by the Supreme Court time and again. He ....

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