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1 - 5 of 5 (0.21 seconds)The Code of Civil Procedure, 1908
Mr. M. Sivasamy vs M/S. Vestergaard Frandsen A/S & Ors. on 7 August, 2009
In support of his submissions, the learned counsel for the
defendant no.2/applicant has placed reliance on the judgment of this
Court in M.Sivasamy v. Vestergaard Frandsen A/S & Ors. 2009 (113)
DRJ 820 (DB), to submit that the inspection/discovery of documents is to
provide parties with the relevant documents which would assist them in
appraising the strength and weakness of their respectively cases, thereby
Signature Not Verified
Digitally Signed By:SHALOO
BATRA
Signing Date:20.08.2022
15:14:41 CS(COMM) No.1533/2016 Page 5 of 13
leading to a fair disposal of the proceedings before the trial. He submits
that in the present case, the production of the above documents would,
therefore, assist this Court in a just disposal of the claims made by the
plaintiff/non-applicant.
Anil Rishi vs Gurbaksh Singh on 2 May, 2006
21. It is well-settled that the burden of proof in a civil suit lies with the
plaintiff. [Ref: Anil Rishi v. Gurbaksh Singh, (2006) 5 SCC 558]. It is
for the plaintiff to prove its case in trial. The defendant shall be entitled to
take advantage of any deficiency in the documents of the plaintiff/non-
applicant, by calling upon the Court to drawn an adverse inference
against the plaintiff/non-applicant in case a relevant and material
document is not filed on record by the plaintiff/non-applicant.
Telefonaktiebolaget Lm ... vs Xiaomi Technology & Ors on 22 April, 2016
In Telefonaktiebolaget LM Ericsson (Publ)(supra), this Court has
held as under:-
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