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Showing contexts for: reverse engineering in Shekhar Bajaj vs Smita Batla @ Smita Srivastava on 9 June, 2017Matching Fragments
26. The purpose of trial is to unearth truth and at the same time to afford opportunity to a party to prove his/her case. But even when pleading and documents relied upon by a party is taken as true or proved and then also case of the party does not stand on the touch stone of the law entitling him/her for any relief then no fruitful purpose would be served to put the matter on trial. Admittedly defendant is bound by the contents of the documents relied upon by her along with contents of Suit No. 618978/16 Shekhar Bajaj vs Smita Bajaj Page No. 12 of 14 the written statement. If the contents of the written statement is not corroborated by the contents of the documents relied upon by the defendant, consequently, defendant would not be able to prove the averments of the written statement which is in contrast to contents of the documents relied upon by the defendant herself. In any case defendant if given chance to prove the documents would not be able to prove better case than the case got set up in the documents relied. The Partnership Deed dated 01.07.1976 clearly demolish the case of the defendant and hit at the root of the case set up in the written statement. Jagdish Lal had signed the Partnership Deed dated 01.07.1976 wherein it has been specifically stated that tenancy is in the name of the Madan Lal and therefore when Jagdish Lal has signed documents against his own alleged interest in the tenancy of the suit property, it can be safely held that he was not tenant in the suit property. Applying the principle of reverse engineering it can be held that Ram Lal was also not the tenant otherwise Jagdish Lal would not have signed the partnership Deed dt 01.07.1976 against his own interest.