Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code Evidence Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Civil Procedure Code, 1908 : Or. 1 R. 3 and Or. 2 R. 3 - Joinder of parties and causes of action - Object of - Held, reading of both Or. 1 R. 3 and Or. 2 R.3 together indicated that the question of joinder of parties involved joinder of causes of action - The basic principle is that when the causes of action are joined the parties are also to be joined. Or. 1 R. 3 and Or. 2 R. 3 read with Section 96 - Appeal lies against one of two defendants against whom suit not decreed - Prayer in suit showing that decree claimed against the defendants jointly or severally - Suit decreed against only one defendant - Appeal filed against the second defendant before the High Court - Held, High Court was fully justified in decreeing the suit in its entirety and passing a decree against the other defendant also - Orissa Money Lenders Act, Section 8. Evidence Act, 1872, Section 114 - R. 2 advancing a loan to the appellant at his instance by way of a cheque from the bank account of R. 1, a money lender, whose account R. 2 was authorised to operate - Cheque encashed by appellant - Not controverted by the appellant - Appellant not entering into the witness box nor presented himself for cross-examination - Held, an adverse presumption had to be drawn against the appellant on the basis of principles contained in illustration (g) of Section 114 - Evidence - Doctrine of adverse presumption. |
Judge | Hon'ble Mr. Justice S. Saghir Ahmad |
Neutral Citation | 1999 INSC 106 |
Petitioner | Iswar Bhai C. Patel@ Bachu Bhai Patel |
Respondent | Harihar Behara And Anr. |
SCR | [1999] 1 S.C.R. 1097 |
Judgement Date | 1999-03-16 |
Case Number | 1417 |
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