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Burden of proof to prove a fact lies on person who asserts

 

Person who asserts a particular fact is required to affirmatively establish it

 
 It is well settled principle of law that a person who asserts a particular fact is required to affirmatively establish it. In Anil Rishi v. Gurbaksh Singh[1], it has been held that the burden of proving the facts rests on the party who substantially asserts the affirmative issues and not the party who denies it and the said principle may not be universal in its application and there may be an exception thereto. The purpose of referring to the same is that if the plaintiff asserts that the defendant had acknowledged the signature, it is obligatory on his part to substantiate the same. But the question would be what would be the consequence in a situation where the signatures are proven and there is an evasive reply in the written statement and what should be construed as substantiating the assertion made by the plaintiff.

Supreme Court of India
M/S Gian Chand & Brothers vs Rattan Lal @ Rattan Singh on 8 January, 2013


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