Declaration suit

Querist : Anonymous (Querist) 02 August 2023 This query is : Resolved
We had filed suit for declaration and permanent injunction. The suit was allowed and declared plaintiff as owner and provided temporary injunction both in trial and first appeal.
However in the second appeal ,suit was remanded and allowed defendant to prodduce addtional documents subject to pleading. Also allowed plaintiff to lead rebuttal evidence.
However, during the trail after remand and in judgement the burden is again placed on plaintiff for declaration. Is it burden not be placed defendant since suit was remanded for defendant to submit the documents and prove.
Please share any citation on similar mattter

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Advocate Bhartesh goyal (Expert) 03 August 2023
Yes, Court is very right on placing burden on you.plaintiff has to prove his case by cogent pleadings and proofs and burden always lies on him unless the opposite party/defendants admits the facts alleged by plaintiff.

T. Kalaiselvan, Advocate (Expert) 03 August 2023
The appellate court has remanded the matter to the trial court to conduct the trial on the basis of the additional documentary evidence submitted by the defendant subject to the pleadings made thereto.
The plaintiff has been permitted to lead rebuttal evidence, this clearly indicates the burden lies on the plaintiff to prove his case by defying the new documentary evidences produced by defendant.
You havce no option than top defend your interests properly once again as a plaintiff.

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