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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Professional Institute of Engineering And Technology Situated – Appellant
Versus
Murtaza S/o Abdul Kayyum Jiya – Respondent
| Table of Content |
|---|
| 1. background of contractual relationship and dispute (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments by appellant and respondent (Para 7 , 8 , 9) |
| 3. evidence provided by the plaintiff (Para 10 , 11 , 12) |
| 4. analysis of evidence presented (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. court's reasoning on burden of proof (Para 20 , 21 , 22 , 23) |
| 6. preponderance of probabilities in civil cases (Para 24 , 25 , 26) |
| 7. failure of claimant to prove case (Para 27 , 28) |
| 8. final decision and dismissal of suit (Para 29 , 30) |
ORDER :
Parth Prateem Sahu, J.
1. Appellants have preferred this first appeal under Section 96 of the Code of Civil Procedure, 1908 challenging legality and validity of the judgment and decree dated 14.8.2019 passed in Civil Suit No.293B/2014 by which learned 8th Additional District Judge, Raipur has decreed the suit filed by plaintiff /respondent No.1.
2. Facts relevant for disposal of this appeal, in brief, are that plaintiff/respondent No.1, proprietor of Universal Hardware Paint & Electrical, Raipur, filed a civil suit for recovery of an amount of Rs.1,85,977/- from defendants pleading therein that defendant No.6 with the consent of defendants No.1 to 5 had approached
The court ruled that the plaintiff failed to prove the jural relationship and actual supply of goods, resulting in no entitlement for recovery of the claimed amount.
The plaintiff failed to prove defects in goods supplied under the Reseller Agreement, resulting in dismissal of the suit and a decree for the defendant's counter-claim for unpaid invoices.
The burden of proof lies on the defendants to provide documentary evidence of full payment, and failure to do so may result in adverse inferences by the Court.
The respondent must prove the existence of a special business practice, and mis-description in the plaint does not necessarily result in non-suit.
The absence of certification under Section 65B of the Indian Evidence Act, 1872, does not render computer-generated ledger accounts inadmissible, and the non-examination of the person who made entrie....
The burden of proof lies with the claimant to substantiate claims with credible documentation, and evidence of timely payments to claimants influence recovery judgments.
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