Supreme Court · 1980 INSC 45 · Decided 11 March 1980
Kushalbhai Mahojibhai Patel v. Firm of Mohmadhussain Rahimbux
- Court
- Supreme Court of India
- Citation
- 1980 INSC 45 · [1980] 3 S.C.R. 22
- Case number
- CIVIL APPEAL No. 1376/1970
- Decided
- 11 March 1980
- Bench
- S. MURTAZA FAZAL ALI, A.D. KOSHAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Prlvity of Contract-Supply made by appellant Plaintiff to respondent de}eti· dant of 268 Bengali Maunds of Tobacco and accepted by the larrer-Pour cheques issued by the latter covering th£ value bumped-No document was executed to evidence the contract-Whether suit for recovery of ?-Onus of proof is on the defendant in such cases by producing best evidence like Books of Accounts. In the money suit filed by the appellant-plaintiff to recover the value of tobacoo, sold to respondent-defendant after the four cheques covering the· value of tobacco and issued by latter
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