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1993 Supreme(Raj) 690

M.B.SHARMA
Kamal and Company – Appellant
Versus
Kamla Devi – Respondent


JUDGMENT

1. - This judgment will dispose of all the above numbered three second appeals. The following substantial questions of law have been framed in S.B. Civil Second Appeal No. 138/1981 at the time of admission:

1. If the appellant company is liable to the plaintiff whether the responsibility of repayment was solely that of the G.P.C. ?

2. Whether the G.P.C. made the repayment to an unauthorised person, can the appellant company be made liable?

3. Whether the loss of the pass-book has been proved to have been occasioned by theft, if the appellant company is liable ?"

2. So far as S.B. Civil Second Appeal No. 245/1981 Union of India v. Kamla Devi and another is concerned, the learned Judge framed the following questions of law:

"1. Whether the initial burden to prove the plaintiff's case lies on the plaintiff himself or he can get the benefit of weakness of the defendant's case without proving its own case?

2. Whether in the facts and circumstances of the case, the signature on the withdrawal form can be said to be fictitious one in view of the fact that the oral testimony of the plaintiff was rebutted by the defendant's oral testimony and further no evidence of expert was produced






























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