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1909 Supreme(Mad) 45

MUNRO, ABDUR RAHIM
Subramanya Aiyar – Appellant
Versus
Meenakshi Ammal – Respondent


ORDER

1. In this case the District Judge seems to have started with the idea that because the plaintiff is illiterate the burden of proving that she knew what she was doing is on the defendants. This is clearly not so. The burden is in the first place on the plaintiff to show that she did not know what she was doing. We must, therefore, ask the District Judge to find, in the light of these observations, on the evidence on record whether when the plaintiff executed Exhibit III she did not know the nature of her act.

2. The finding should be submitted within 6 weeks and seven days will be allowed for objections.

3. In compliance with the above order the District Judge submitted the following

FINDING.

1. A finding is called for in the light of the order of remand on the issue whether plaintiff executed Exhibit III without knowledge of the nature of her Act. The parties place different constructions on the: order, entailing different decisions. I deal with the case in order to completeness on both.

2. Firstly, Nos. 1-5 defendants urge that the question of burden of proof is closed absolutely, and that the terms of the order involve a decision on the whole evidence before the Court, that it i







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