Evaluation
of pleadings – without pleadings – with out evidence – when the
other side denied a suggestion it can not be argued that is a fact
pleaded as such it was posed as suggestion form to the other side -
"The
Property as stated earlier, would, at best be the property acquired
in the joint venture, but for which, sufficient evidence is not
there.
According
to the plaintiff, he joined service in the Police Department in 1972.
Earlier
to 1972 he was not having any earnings, as could be seen from the
evidence.
If
really the plaintiff had earnings earlier 1972, he would have
produced some document or would have spoken about it.
On
the other hand, in the course of cross-examination, as referred to
earlier, the plaintiff has stated that he is not having any document
to show that he had source of income prior to 1972.
Of
course, in the course of cross-examination of DW1, the learned
counsel for the plaintiff had posed a suggestion to DW1 that earlier
to 1972 the plaintiff was working at Galaxy Theatre.
With
reference to the said suggestion, DW1 has denied the same in
unequivocal terms.
The
plaintiff, if really had an employment with the Galaxy Theatre
earlier to 1972, he would not have lost sight of to mention that
such an important event in his life before Court.
But,
in the course of his examination-in-chief PW1 has not even whispered
a word about it.
Therefore,
the contention of the plaintiff's Advocate that his client was
working at Galaxy Theatre prior to 1972, to augment the funds fall to
the ground."
Apex court - Thangamma & Ors vs Sethumadhavan
MERE SUGESSTIONS CAN NOT FILL THE PLEADINGS AND EVIDENCE
MERE SUGESSTIONS CAN NOT FILL THE PLEADINGS AND EVIDENCE
