onus of proof

mahendrakumar (Querist) 15 April 2010 This query is : Resolved
during the proceedings of a case at the district forum,the counsel to O.P raises that the case is not maintainable at the forum due the judgement of higher forum.

a) is to binding on the O.P counsel to bring the case details like citation and case no etc?

b) or just a mentioning is enough?

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Sachin Bhatia (Expert) 15 April 2010
Yes it is important to bring the case details like citation before the district forum.

Raj Kumar Makkad (Expert) 15 April 2010
Mere claiming any citation is no sufficient. It is to be produced before the Court/Forum and is to be shown to the opposite party on demand.

mahendrakumar (Querist) 15 April 2010
thanks to all

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