Burden of proof in case of person missing for seven years
It is well settled principal of law that presumption under Section 108 of the Indian Evidence Act would arise only after lapse of 7 years. In this case, the specific pleading of the plaintiff is that her husband went to Bombay in December, 1996. Therefore, 7 years expired in December, 2003. The present suit has been filed in 2004. Section 108 of the Indian Evidence Act enables the Courts to draw the statutory presumption that a man is not alive in the facts and circumstances put forth by the plaintiffs. Now, therefore, this presumption will be drawn unless the contrary is proved by the defendants-appellants who are affirming that Sooraj Deo Prasad is not traceless and is alive.
https://www.lawweb.in/2013/06/burden-of-proof-in-case-of-person.html
Patna High Court
Janki Mahto &Amp; Ors vs Archana Kumari &Amp; Ors on 31 March, 2011
