Case Law Analysis
|Punjab and Haryana High Court
CPC Order XVIII Rule 1 | Defendant Must Lead Evidence First If Affirmative Defense Would Defeat Plaintiff’s Claim : Punjab & Haryana HC
The Punjab & Haryana High Court ruled that when a defendant raises an affirmative defense (e.g., a will) that, if proven, would entirely defeat the plaintiff’s claim, the court may direct the defendant to lead evidence first. This prioritizes judicial efficiency by ensuring the party with the burden of proving a dispositive fact presents evidence upfront, rather than adhering rigidly to the plaintiff’s default right to begin.