(1)The provisions of Order XVIII, Rule 2, Civil Procedure Code, regarding the opening of a case are often ignored. It is essential that these provisions should be strictly followed, i.e., the evidence of each side should be preceded by a terse but complete statement of the case to be made out, showing the exact nature of the claim, the facts to be established by the evidence which will be adduced, the general character and bearing of that evidence and a clear statement of any proposition of law involved. The fact of the opening of the case should be noted in the order-sheet.(2)The case stated by the. pleader in his "opening" must be in accordance with the party's pleadings, for no litigant can be allowed to make at the trial a case different from that which he has placed on record on which his adversary is prepared to meet. The failure of a party to open his case, and to state exactly the line which he proposes to take, provides an opportunity to him to change the case which he originally had in mind and to call not only the witnesses whom he had originally intended to call, but other witnesses on different points to support a different case, if he sees that the case which he had in his mind is not progressing as satisfactorily as he desires.(3)When the party having the right to begin has stated his case and the witnesses adduced by him have been examined, cross-examined and re-examined, and the documents tendered by him have been either admitted in evidence or rejected, the opposite party, or each of the opposing parties having a distinct case, should state their respective cases succession if they desire to do so, and then produce their evidence.
