If one order says, it is seen that the allegations are prima facie seen to be true. What does it mean? What weightage does this have in later judgements?
sivani (engineer) 15 November 2010
If one order says, it is seen that the allegations are prima facie seen to be true. What does it mean? What weightage does this have in later judgements?
R.Ramachandran (Advocate) 15 November 2010
'Prima facie' means, purely on the basis of the averments in the plaint / petition. That is the allegations are believable not imaginary. However, if the other party comes with proper answer / counter point to the allegations contained in the plaint / petition, the Court may weigh both the set of contentions and then would reach a judicious conclusion. Yes, the very fact that the court has found that the allegations are prima facie true, the scale has currently tilted in favour of the person who made the allegations. This need not always be true. If the defendant comes with yet strongly believeable defence the court will have to consider that too.