1969 (10) TMI 95

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....J. 1. This is a revision petition under Section 25 of the Small Cause Courts Act. _ 2. The petitioner Gulla (hereinafter referred to as 'the applicant') filed a suit against the non-applicant Harisingh for recovery of a sum of Rs. 170 on account of the price of a bullock-cart supplied to him on 3-3-65. The non-applicant (defendant) denied the transaction and the trial Court after con....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fact that the non-applicant did not go into the witness box to deny the transaction in question on oath. In fact he adduced no evidence in support of his case, 4. When a material fact is within the knowledge of a party and he does not go in to the witness box without any plausible reason, an adverse inference must be drawn against him. A presumption must be drawn against a party who having know....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nst her shows that these facts cannot be denied. What was prima facie against her became conclusive proof by her failure to deny." I entirely agree with the aforesaid observations. 6. The learned trial Judge, therefor, committed a grave error in not taking into account the presumption arising out of non-examination of the defendant in this case while appreciating the evidence on record. This....