BASAVARAJ Vs PADMAVATHI & ANR. – [2023] 1 S.C.R. 231

Date of decision : 05-01-2023 | Case Number : CIVIL APPEAL/8962/2022

Judge Name: M.R. SHAH,B.V. NAGARATHNA

SUPREME COURT OF INDIA

In the case of Indira Kaur, this Court after
considering the observations made by this Court in the case of
Ramrati Kuer set aside the findings recorded by three courts
below whereby an adverse inference had been drawn against the
plaintiff therein for not producing the passbook and thereby
holding that the plaintiff was not ready and willing to perform his
part of the agreement. It was observed and held that unless the
plaintiff was called upon to produce the passbook either by the
defendant or, the Court orders him to do so, no adverse inference
can be drawn. Applying the law laid down by this Court in the
aforesaid two cases to the facts of the case on hand, no adverse
inference could have been drawn by the High Court. The High
Court seriously erred in reversing the findings recorded by the
Trial Court on the readiness and willingness of the appellant. [Para 6.2 and 6.3]