Supreme Court · 2013 INSC 18 · Decided 8 January 2013

M/S. Gian Chand & Brothers and Another v. Rattan Lal @ Rattan Singh

Court
Supreme Court of India
Citation
2013 INSC 18 · [2013] 3 S.C.R. 601
Case number
CIVIL APPEAL No. 130/2013
Decided
8 January 2013
Bench
K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

A B 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- C compliance - Appellants filed suit for recovery of the money allegedly lent by it to the defendant-respondent - upon the alleged signatures of the defendant­ respondent on the cash book maintained by the appellants - Respondent denied having borrowed any sum from the D plaintiffs-appellants and further denied the alleged signatures on the cash book - Held: The burden of proving the facts rests on the

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