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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