Sukhdev Singh vs Harminder Kaur on 7 July, 2011
Counsel for the respondent, to rebut this argument, has referred
to Pandurang Jivaji Apte v. Ramchandra Gangadhar Ashtekar (dead)
by LRs and others, AIR 1981 SC 2235 wherein it is held that failure of the
party to appear in the Court, question of drawing adverse inference would
arise only when there is no other evidence on the point in issue, and Smt.
Swarn Kanta and another v. Amar Chand Tamra and others(2011)2
PLR 308 wherein it was held that the party cannot be non-suited merely on
the ground of non-appearance if other evidence on the record is sufficient to
sustain the claim of the said party.