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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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