Supreme Court of India · 2002-09-13
Rattan Dev vs Pasam Devi
- Citation / case number
- AIRONLINE 2002 SC 539
- Court
- Supreme Court of India
- Petitioner
- Rattan Dev
- Respondent
- Pasam Devi
- Bench
- R.C. Lahoti, Brijesh Kumar
Judgment text excerpt
The case concerns whether a First Appellate Court can dismiss a suit solely based on an adverse inference drawn from the plaintiff's failure to appear in the witness box. The Supreme Court held that the appellate court is bound to evaluate all evidence available on record rather than relying exclusively on the non-examination of the plaintiff. The ruling emphasizes that the legality of the Trial Court's findings must be tested against the entirety of the evidence.