Supreme Court · 2012 INSC 288 · Decided 17 July 2012
Union of India v. Ibrahim Uddin & ANR.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 288 · [2012] 8 S.C.R. 35
- Case number
- CIVIL APPEAL No. 1374/2008
- Decided
- 17 July 2012
- Bench
- B.S. CHAUHAN, DIPAK MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Evidence Act Section 114(g); Specific Relief Act Section 34
Headnote
Code of Civil Procedure, 1908: A B Title suit - Burden of proof - Suit for declaration of title C of ownership of property against Union of India - Suit dismissed by trial court - Order set aside by District Judge in first appeal on the finding that the defendant-Union of India failed to prove its by High Court - Held: The first appellate court as D well as the High Court committed grave error in shifting the burden of proof on the defendant-Union of India, though it was exclusively on the plaintiff-respondent no. 1 to prove his case, which the plaintiff-respondent no. 1 failed to do -
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