Supreme Court of India
M/s. Gian Chand & Brothers and Another v. Rattan Lal @ Rattan Singh
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What the Court ordered
In view of the aforesaid analysis, we conclude and hold B that the High Court has erroneously recorded that the findings returned by the courts below are perverse and warranted interference and, therefore, the judgment rendered by it is legally unsustainable and, accordingly, we allow the appeal, set C aside the judgment of the High Court and restore that of the courts below.
Judgment, page 19
From the headnote
Code of Civil Procedure, 1908 - Order VIII, rr. 3, 4 & 5 - Manner in which allegations of fact in the plaint should be traversed - Legal consequences fir-wing from its non- compliance - Appellants filed suit for recovery of the money allegedly lent by it to the defendant-respondent - Appellants placed reliance upon the alleged signatures of the defendant respondent on the cash book maintained by the appellants - Respondent denied having borrowed any sum from the plaintiffs-appellants and further denied the alleged signatures on the cash book - Held: The burden of proving the facts rests on
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