542 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
This may be a logical order. It may be a scientific order. But this certainly does not appear to be a natural order, natural from the point of view of the litigant.
The rules of Procedure regulate the general conduct of litigation ; the rules of pleading help to ascertain for the guidance of parties and the Court, the material facts in issue in each particular case. Then arises the question of proof i.e. the Establishment of the facts in issue by proper legal means to the satisfaction of the Court.
The first question which faces the litigant is who must prove the issue ? The questions bow and by what sort of evidence he can prove them are secondary questions to him. We must therefore begin with Burden of Proof.