Supreme Court of India
Arumugham (dead) by Lrs. and Ors. v. Sundarambal and Anr.
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What the Court ordered
We are of the view that even assuming burden of proof is relevant in the context of the amended provision of Sec.100 C.P.C., the same would not be relevant when both sides had adduced evidence.
Judgment, page 7
From the headnote
Code of Civil Procedure, 1908 : Second Appeal Second Appeal-Second Appellate Court-Power to interfere with findings of, facts-Suit for declaration of title of suit property and permanent injunction filed by Appellant-Plaintiff-Suit dismissed by Trial Court-Finding that plaintiff had not proved title to property of his father and was also not in possession-First appellate court granted the suit and reversed the judgment of trial court-In second Appeal High Court reversed the findings of facts and restored the judgment of trial court-Appeal by respondent defendant before Supreme
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