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1999 Supreme(SC) 318

M.B.SHAH, S.SAGHIR AHMAD
Iswarbhai C. Patel – Appellant
Versus
Harihar Behera – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. When a suit is filed against multiple defendants with a prayer for a decree that can be executed against either or both, and the suit is decreed against only one defendant, the plaintiff has the right to invoke the jurisdiction of the appellate court to get the decree extended to the other defendant as well (!) .

  2. An adverse inference may be drawn against a defendant who does not enter the witness box to make a statement on oath in support of his pleadings, suggesting that the statement in the written statement may not be correct (!) (!) .

  3. The relief sought in a suit must be legitimate and reasonable, especially when it involves claims against multiple defendants for a sum that can be recovered from either or both of them (!) .

  4. The joinder of parties and causes of action is governed by procedural rules that aim to prevent multiplicity of suits and ensure that all related parties and causes of action are considered in a single proceeding (!) (!) .

  5. When a plaintiff claims a right of relief against multiple defendants arising from a single transaction, and the suit is dismissed against one defendant but decreed against another, the plaintiff can still appeal to include the dismissed defendant in the decree (!) (!) .

  6. The principles of adverse inference under evidence law allow for the presumption that a statement not denied or contradicted by a party who has not appeared for cross-examination may be taken as incorrect (!) .

  7. The practice of not examining a party who has relevant knowledge and leaving it to the opposing party to call that party as a witness is viewed negatively, as it weakens the credibility of the case and can lead to adverse inferences (!) .

  8. The procedural provisions support that a person who has a cause of action or rights arising from the same act or series of acts should be joined as a party, and causes of action can be united in a single suit to avoid multiple proceedings (!) (!) .

  9. A party's failure to testify on oath and the absence of cross-examination can lead to an inference against that party, reinforcing the importance of personal testimony in establishing facts (!) .

  10. The overall judgment confirms that procedural and evidentiary principles favor allowing a plaintiff to seek relief against all relevant parties involved in a transaction, and adverse inferences are justified when parties abstain from giving evidence on oath (!) (!) .

Please let me know if you need further elaboration or specific legal advice based on this case.


Judgment

S. Saghir Ahmad, J.-The appellant was defendant No. 1 in a suit filed by respondent No. 1 for recovery of a sum of Rs. 7,000/- together with damages (Rs. 1400/-) in the trial Court which was dismissed as against him but was decreed against the second defendant, namely, respondent No. 2 who, incidentally, also is the natural father of respondent No. 1 who was subsequently adopted by his maternal grandfather.

2. Respondent No. 1 had a current account in the Central Bank of India Limited, Sambalpur Branch which was also operated by his natural father, namely, respondent No. 2.

3. According to the facts set out in the plaint, respondent No. 1 was registered as a money lender in October, 1958 and in that capacity he used to advance loan through his natural father to different persons out of his account in the Bank which, as pointed out above, was also operated by his natural father. On the expiry of the licence, he did not get it renewed but the authority of his natural father (defendant No. 2) to operate the account continued and taking advantage of this authority, defendant (respondent) No. 2, on the persuasion of the appellant, issued a cheque for Rs. 7,000/- on the current ac
















































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Judicial Analysis

No cases identified as bad law. There are no instances of keywords or phrases such as "overruled," "reversed," "abrogated," or equivalent indicators of invalidation (e.g., "no longer good law," "explicitly rejected"). All references treat the case positively or neutrally.

The vast majority of references (e.g., Prem Sagar VS Darbari Lal - 1999 0 Supreme(P&H) 1115, JAYANT GHADIA VS RAJ KUMAR - 2002 0 Supreme(Del) 1122, Lal Devi VS Vaneeta Jain - 2005 0 Supreme(HP) 294, BINA GUPTA VS KUMKUM MITTAL - 2006 0 Supreme(All) 2983, Sainaba VS Syed Jaffer Aydeed - 2008 0 Supreme(Ker) 634, N. Basavaraj (Since deceased) by his L. Rs. VS B. Sridhar - 2009 0 Supreme(Kar) 164, Gunit Sidhu VS Bhai Shaminder Singh (Since Deceased) Through His Legal Representatives - 2009 0 Supreme(P&H) 485, GANPATI NARAYAN NIKAM VS RAMCHANDRA BHIKU SAVANT - 2009 0 Supreme(Bom) 1033, C. Sivadasan VS New India Assurance Company Ltd. - 2011 0 Supreme(Ker) 308, E. Amarnath Rao VS G. Vijaya Gowri - 2011 0 Supreme(AP) 653, Mohd. Khasim VS Municipal Corporation, Warangal - 2011 0 Supreme(AP) 860, Baldev Raj Chopra VS Rakesh Kumar - 2013 0 Supreme(Raj) 475, Magan Bhai VS LRs of Lachhi Ram - Current Civil Cases (2013), Magan Bhai VS LR's of Lachhi Ram - 2013 0 Supreme(Raj) 180, Sunshine India Pvt. Ltd. VS Bhai Manjit Singh(Huf) - 2013 0 Supreme(Del) 1109, Nikko Devi VS Ravi Dutt - 2014 0 Supreme(HP) 178, Kamal Mitra Chenoy & Anr. VS Dunlop India Ltd. & Anr. - 2014 0 Supreme(Del) 2817, Arun Chauhan VS Geeta Thakur - 2014 0 Supreme(HP) 2062, Vinod Kumar Dugar VS Bijoy Kumar Loyalka - 2014 0 Supreme(Cal) 741, SECRETARY, SADAR PATTY MASJID COMMITTEE VS WAHIDA BEGUM - 2015 0 Supreme(Gau) 1391, Secretary, Sadar Party Masjid Committee VS Mustt. Wahida Begum - 2015 0 Supreme(Gau) 1410, Kesarmani Das and Others v. Rewati Bai and Others - 2015 Supreme(Online)(Chh) 168, MANIKKAN VS GOVINDARAJ - 2015 0 Supreme(Ker) 745, Indra VS B. G. Giri - 2015 0 Supreme(Mad) 3306, Indra VS B. G. Giri - Madras (2015), SUNIL MEHRA VS SATEN KAPOOR - 2016 0 Supreme(Del) 1031, LRs. of Bhinya Ram VS LRs. of Takhu Ram - 2016 0 Supreme(Raj) 906, Brij Lal (since deceased) through his LRs Manohar Lal VS Shakti Chand - 2016 0 Supreme(HP) 2413, Pran Gopal Banik, son of late Krishna Bandhu Banik VS Samir Kanti Majumder, son of late Nirmalendu Majumder - 2017 0 Supreme(Tri) 162, Baldev Raj Sharma VS Kanta Devi - 2017 0 Supreme(P&H) 913, Prito Devi VS Prem Singh - 2017 0 Supreme(HP) 331, Bhaswati Ray VS Tapasee Chowdhury - 2017 0 Supreme(Cal) 834, LYDIA AGNES RODRIGUES VS JOSEPH ANTHONY DCUNHA - 2019 0 Supreme(Bom) 759, T.GANGADHARAN NAMBIAR Vs T.K.DEVAKI, - 2019 Supreme(Online)(KER) 65583, Harbans Singh VS Kundan Lal (deceased) through his lrs. - 2019 0 Supreme(HP) 909, Om Parkash VS Saroj Bala - 2019 0 Supreme(HP) 1169, Sharada Nanasaheb Patil VS Appaso Jivappa Chougule - 2019 0 Supreme(Bom) 1424, Iqbal Basith VS N. Subbalakshmi - 2021 1 Supreme 754, Nestore VS Regeena - 2020 0 Supreme(Mad) 2111, Keshavrao V. Yadav v. J. V. S. Vidya Sagar - 2021 Supreme(Online)(Del) 4411, B. R. Patil VS Tulsa Y. Sawkar - 2022 4 Supreme 278, VELLIYAM MANIKKOTT RIJESH, vs P.T. SHANIYA KADHEEJA, - 2022 Supreme(Online)(KER) 38787, Murari Sahu VS Tarni Sahu - 2022 0 Supreme(Chh) 102, Bhagwandas Sendharam Panchal (Heir Of Appellant No. 2) VS Heirs Of Deceased Kantilal Keshavlal Jani - 2022 0 Supreme(Guj) 626, Lalan Singh S/o Parmeshwar Singh VS Balram Kerketta S/o Late Manglu Kerketta - 2022 0 Supreme(Chh) 456, REMOUND ESTATE PVT. LTD. VS MOHAMMAD SALEEM GHORI - 2022 0 Supreme(MP) 518, Prakash Babulal Sheth VS Shashikalal Mayur Sheth - 2022 0 Supreme(Guj) 1523, Mukesh Kumar VS Anoop Kumar - 2023 0 Supreme(P&H) 1673, Guvvala Ramakrishna Reddy VS Guvvala Satyanarayana Reddy - 2023 0 Supreme(AP) 1212, Ultra Marina & Pigments Ltd. VS Kala Karmegam - 2024 0 Supreme(Mad) 248, Kodali Ravikiran VS Yalamanchili Seshamamaba - 2024 0 Supreme(AP) 42, Charanjit Singh VS Jarnail Singh - 2024 0 Supreme(P&H) 1157, Sangita Sinha, Wife of Deepak Kumar Sinha VS Bhawana Bhardwaj, Wife of Dr. Ajay Kumar Bhardwaj - 2024 0 Supreme(Pat) 282, Sangita Sinha VS Bhawana Bhardwaj - 2024 0 Supreme(Pat) 456, Dharmil A. Bodani of Mumbai VS Manju Meadows Pvt. Ltd. - 2024 0 Supreme(Bom) 520, United India Ins. Co. Ltd VS Yakum Alibhai Molvi - 2024 0 Supreme(Guj) 2010, JAYAPRASAD B. (DIED) LHRS IMPLEADED vs VAISALINI (DIED) LEGAL REPRESENTATIVES IMPLEADED - 2024 Supreme(Online)(Ker) 88359, JAYAPRASAD B. (DIED) S/O LATE B. RAMADAS VS VAISALINI (DIED) W/O LATE B. RAMADAS - 2024 0 Supreme(Ker) 1171, SAMJUDABEN, WD/O. AFJALKHAN @ KADARKHAN NASRATKHAN MAKRANI VS AHMUDDIN SULEMAN MUSLIM - 2024 0 Supreme(Guj) 1791, Bon Ton Plastics Pvt. Ltd. vs Ramesh Chawala - 2024 0 Supreme(All) 2576, Mattparthy Veera Venkata Satyanarayana, E. G. District VS Nalli Sarojini E. G. Dist - Andhra Pradesh (2025), Rameshchandra Vadilal Sheth VS Bhavinkumar Hareshkumar Jayswal - Current Civil Cases (2025), T.C.MANI vs SAJITHA .K.M - 2025 Supreme(Online)(KER) 11070, Manik Nandan Singh VS Chandani Devi - 2025 0 Supreme(Pat) 559, D. Karunakaran vs K. Padmanathan - 2025 Supreme(Online)(Mad) 63326, RIYAS vs JULAISA - 2025 Supreme(Online)(Ker) 53706, B.R. Rangaswamy Since Deceased By Lr’s., Smt. R. Vijayalakshmi vs V.A. Pinto, S/o. Late B. Pinto - 2025 0 Supreme(Kar) 2478, GAURAV GARG vs ALY MORANI & ORS - 2026 Supreme(Online)(Del) 25, B.N. Tripathi vs State of U.P. - 2026 0 Supreme(All) 423) cite the case with phrases like "held that," "relied upon," "dictum laid down," "followed the dictum," "in support of her contention," "reliance was placed," "observed as follows," or direct quotes from the judgment. These indicate approval and application of its holdings, primarily on adverse inference for failure to enter the witness box, misjoinder of parties, and evidentiary presumptions under Order 1 Rule 3 and Order 2 Rule 3 CPC.

Baldev Raj Chopra VS Rakesh Kumar - Current Civil Cases (2013): "Patel (supra), on which the learned counsel for the appellant has placed reliance, is not of great significance and is clearly distinguishable." Explicitly notes the case is distinguishable on facts.

Hemant D. Shah VS Chittaranjan D. Shah - 2019 0 Supreme(Bom) 1614: "Patel alias Bachu Bhai Patel (supra) is thus clearly distinguishable in the facts of this case." Distinguishes based on factual differences.

Radha Kishan Garodia VS Hari Prasad Saraf and Gopal Prasad Saraf - Current Civil Cases (2010): "Oral evidence cannot be substitute of documentary evidence to prove tenancy right." Standalone statement without explicit treatment of the case; unclear if referencing or applying it.

Cuttack Municipal Corporation, represented through its Commissioner VS Harekrushna Nayak - 2016 0 Supreme(Ori) 172: Fragmentary reference ("S/R to Road Behera"); lacks context for treatment.

Pinky Pradhan VS Pratap Kishore Das - 2016 0 Supreme(Ori) 261: Discusses general principles of specific performance; no clear link or treatment of the case.

New India Assurance Company Limited VS Shivali Devi - 2016 0 Supreme(HP) 433, United India Insurance Company Limited through Divisional Manager VS Chanchla Devi - 2016 0 Supreme(HP) 446, Oriental Insurance Company Ltd. VS Lekh Ram - 2016 0 Supreme(HP) 658, Surita Sharma VS Suresh Kumar - 2016 0 Supreme(HP) 598, Jai Prakash minor son of Sh. Devinder Dutt VS Santosh Devi - 2016 0 Supreme(HP) 2104, Jai Prakash VS Santosh Devi - 2016 0 Supreme(HP) 1360, Regional Provident Fund Commissioner VS Lalit Singh - 2017 0 Supreme(HP) 1253, Autopace Networks Pvt. Ltd. VS Anita Kumari - 2017 0 Supreme(HP) 1247, Himachal Pharmaceuticals Limited VS Oriental Insurance Company Limited - 2018 0 Supreme(HP) 2164, Lal Chand VS National Insurance Company Limited - 2018 0 Supreme(HP) 1387, Nawabudin VS Hdfc Life - 2019 0 Supreme(HP) 1584, Sunita VS Chainpal - 2017 0 Supreme(UK) 339, Azima Bivi VS Louis Sinnaya Arokiasamy - 2018 0 Supreme(Mad) 4524, Lakshmi VS Giri Babu - 2018 0 Supreme(Mad) 2944, Sevakbhau Nirdhangi Waghaye-Patil VS Returning Officer, Sub Divisional Officer, Sakoli, District Bhandara - 2018 0 Supreme(Bom) 1745, Carlsberg Breweries VS Som Distilleries and Breweries Ltd. - 2018 0 Supreme(Mad) 4575, Carlsberg Breweries A/S. VS Som Distilleries and Breweries Ltd. - Current Civil Cases (2018), Carlsberg Breweries A/S. VS Som Distilleries and Breweries Ltd. - Delhi (2018), Sevakbhau Nirdhangi Waghaye-Patil v. Returning Officer Sub Divisional Officer Sakoli and Another - 2019 Supreme(Online)(Bom) 2784, Sakunthala Narayanan VS Malabalakrishnan - 2019 0 Supreme(Mad) 1544, Nav Jagriti Niketan Education Society VS Delhi International School - 2019 0 Supreme(Del) 772, Kaushik Kumar Katta, S/o Shri Kishore Kumar Katta vs Madhukar Rao Dani (Died) Through Lrs. - 2025 0 Supreme(Chh) 478, National Insurance Company Limited Divisional Office Mandi vs Kanti Lal - 2026 Supreme(Online)(NCDRC) 48: Brief or fragmentary citations (e.g., "Patel Vs. Harihar Behera and another. ... 12.", "Patel vs. Hari Har Bahera .") without contextual language indicating treatment like "followed," "relied on," or "distinguished." Treatment is ambiguous but leans neutral/cited without disapproval.

None beyond those grouped above. All entries were categorized based on explicit language or clear context; fragmentary references are noted as uncertain/neutral but not speculative.

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