SC: Forfeiture of Earnest Money Impermissible When Both Buyer and Seller are at Fault  ||  Supreme Court: Gravity of Offence Cannot Defeat Speedy Trial; Pre-Trial Detention is Punishment  ||  SC: Terrorist Act under UAPA Includes Conspiracies to Disrupt Essential Supplies, Not Just Violence  ||  Supreme Court Directs Measures to Prevent False and Frivolous Complaints Against Judicial Officers  ||  SC: Mere Participation in Arbitration Doesn’t Bar Challenging Arbitrator; Waiver Must be in Writing  ||  SC: Under Order 1 Rule 10 CPC, the Plaintiff, as Dominus Litis, Cannot be Forced to Add a Defendant  ||  SC: Law Does Not Change With a New Bench; Decisions of a Coordinate Bench are Binding  ||  Delhi HC Absence of Formal Arrest under Section 311A Crpc Does Not Bar Giving Handwriting Samples  ||  Del HC: Security Guards Performing Duties Cannot Be Prosecuted For Wrongful Restraint or Molestation  ||  Bombay HC: Housing Society Earning From Telecom Towers Isn’t An ‘Industry’; Staff Get No Gratuity    

Prabiyotsing Vs. Shrivallabh Ramgopal Ramchandraji Darak - (High Court of Bombay) (16 Feb 2021)

If the falsity, forgery, fabrication of documents is pleaded then a proper issue in respect thereof needs to be framed

MANU/MH/0400/2021

Civil

Present is a petition filed under Article 227 of the Constitution of India 1950, by the Original Defendant in Civil Suit assailing the order passed by the trial Court allowing the application by the Original Plaintiff Respondent for framing the additional issue.

The Defendant has denied the relation, transaction, supply, delivery, credit/debit ledger, the invoices, delivery challans, documents as well as the amount claimed. There is no admission of any fact in the case at hand. Even otherwise, since the allegation of falsity, forgery and fabrication of documents are made by the Defendant, the burden of proving that would be on the Defendant and cannot be on the Plaintiff.

There is no doubt that a person who attacks a transaction as sham, bogus or fictitious, must prove the same. But, first, the Plaintiff has to prove whether the transaction in question is bonafide and genuine. It is only when this is done, that the Respondent has to dislodge it by proving that it is a sham, bogus and fictitious transaction. When a plea is taken in the written statement but an issue is not framed, the parties would be deprived of leading evidence. Also, if the falsity, forgery, fabrication of documents is pleaded then a proper issue in respect thereof needs to be framed.

In the case at hand, admittedly, the additional issue has been framed only on the basis of the pleadings and therefore, the interlocutory order of the Trial Court cannot be faulted. There is no jurisdictional error on the part of the Trial Judge nor any illegality or perversity in the impugned order. Entertaining the prayers of the petitioner would result in interference of the trial. The Impugned Order is an interlocutory order. All the contentions/issues can always be asserted before the Trial Court. Petition dismissed.

Tags : ADDITIONAL ISSUE   FRAMING OF   LEGALITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved