https://www.taxtmi.com/caselaws?id=199696 A plaintiff may maintain an appeal against dismissal of the suit as to one defendant even where relief was decreed against a co-defendant, if the pleadings and relief claim show a joint, several or alternative right to relief arising from the same transaction. Here, the suit and relief clause targeted both defendants, so the appeal against the appellant was maintainable. A party who withholds himself from the witness box on facts within his special knowledge may attract an adverse inference under Section 114 of the Evidence Act. As the appellant did not testify and the co-defendant supported the plaintiff's version, the adverse inference was properly drawn and the decree against him stood upheld. en-us Tue, 16 Mar 1999 00:00:00 +0530 Wed, 01 Jan 2025 10:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199696 A plaintiff may maintain an appeal against dismissal of the suit as to one defendant even where relief was decreed against a co-defendant, if the pleadings and relief claim show a joint, several or alternative right to relief arising from the same transaction. Here, the suit and relief clause targeted both defendants, so the appeal against the appellant was maintainable. A party who withholds himself from the witness box on facts within his special knowledge may attract an adverse inference under Section 114 of the Evidence Act. As the appellant did not testify and the co-defendant supported the plaintiff's version, the adverse inference was properly drawn and the decree against him stood upheld. Case-Laws Indian Laws Tue, 16 Mar 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199696