Supreme Court · 1981 INSC 185 · Decided 29 October 1981

Pandurang Jivaji v. Ramchandra Gangadhar Ashtekar (Dead) BY LRS. & ORS.

Court
Supreme Court of India
Citation
1981 INSC 185 · [1982] 1 S.C.R. 1020
Case number
CIVIL APPEAL No. 2069/1970
Decided
29 October 1981
Bench
A.D. KOSHAL, V. BALAKRISHNA ERADI, R.B. MISRA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Contract Act Section 176

Headnote

Evidence-Seetion 114 of the Evidenc~ Act-Adverse inference against a party for his failure to appear in the court, when can arise. Respondent R.G. Ashtekar (since dead) flied a regular suit No. 215 of 1959 for the recovery of his dues from Karnla Pictures, Kolhapur of which Bapusaheb dead) was the sole proprietor. On an application for an order of attachment before judgment under Order 38 Rule 5 of the C.P.C. a garnishee order W3s issued to the appellant Apte, the mortgagee of the properties. As per the directions of the court passed on his objection he exercised his right

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