BACKGROUND
• An appeal was filed before the Supreme Court against the Trial Court and High Courts order dismissing a suit seeking the relief for a permanent injunction. While allowing appeal against the concurrent findings the Supreme Court observed that adverse inference can be drawn against a party who does not appear in person to depose.
• The court noted that the original defendant did not appear in person to depose, and be cross-examined in the suit and instead his younger brother deposed on the basis of attorney.
• While examining the evidence on record the Court observed that the title to the suit property was not disputed by the defendants and therefore the plaintiffs have, more than sufficiently established their lawful possession of the suit property.
FURTHER DETAILS
• The case in reference here is Iqbal Basith vs. N. Subbalakshmi [Civil Appeal No. 1725 of 2010] where the coram was Justices RF Nariman, Navin Sinha and Krishna Murari. The counsels were Sr. Adv. Basava Prabhu S. Patil and Adv. Purushottam Sharma Tripathi.
• The bench comprising Justices RF Nariman, Navin Sinha and Krishna Murari observed thus while allowing appeal against the concurrent findings by the Trial Court and the High court dismissing a suit filed by plaintiff seeking the relief for permanent injunction.
• The court noted that the original defendant did not appear in person to depose, and be cross-examined in the suit and instead his younger brother deposed on the basis of attorney.
• “No explanation was furnished why the original defendant did not appear in person to depose. We find no reason not to draw an adverse inference against defendant in the circumstances.”
• While examining the evidence on record the Court observed that the title to the suit property was not disputed by the defendants and therefore the plaintiffs have, more than sufficiently established their lawful possession of the suit property.
WHAT DO YOU THINK ABOUT THIS OBSERVATION OF THE SUPREME COURT? LET US KNOW YOUR VIEWS IN THE COMMENTS BELOW!
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
