The provisions of Order 18 do, thus, prescribe the procedure of recording evidence which in turn entails a right of plaintiff to lead evidence in rebuttal, even with regard to an issue, onus whereof was initially upon him. The procedure prescribed for recording evidence, as envisaged in Order 18, is based upon common sense. Insofar as plaintiff is concerned, while examining his evidence, in affirmative, he has no idea as to by which evidence, the defendant is to rebut his evidence, whereas the defendant, while leading his evidence, knows exactly what evidence has been led by the plaintiff and by which evidence he has to rebut the same. The defendant is, thus, permitted to lead evidence with regard to whole case which right has been given to the plaintiff by way of rebuttal i.e. he too can address on the entire case. The whole case mentioned in various rules of Order 18 does include in its sweep, the issues onus whereof is upon the plaintiff. At this stage, it may be relevant to mention that this is law of pleadings as well. When the plaintiff files a suit, defendant knows what exactly has been disclosed therein. He is, thus, given a right to file written statement wherein he may not only answer the pleadings made in the plaint but may also press into service additional pleas which can entail dismissal of the suit. The plaintiff is then given a right to file replication and the same is not confined only to additional pleas taken in the written statement. The plaintiff has also right to file reply to the written statement as a whole.”
