Evidence Act, 1872, Sections 101, 102 and 45

Evidence Act, 1872—Sections 101, 102 and 45—Civil Procedure Code, 1908, Order 8, Rules 3, 4 and 5—Suit for recovery—Burden of proof—Obligation on the part of the plaintiffs to examine the handwriting expert to prove the signatures—If the plaintiff asserts that the defendant had acknowledged the signature, it is obligatory on his part to substantiate the same—However, where the signatures are proven and there is an evasive reply in the written statement then if the plaintiffs have proven entries in the books of accounts and also proven the acknowledgements duly signed by the defendant, it is, held, not obligatory on the part of the plaintiff to examine the handwriting expert to prove the signatures—The High Court, in the present case, has fallen into error in holding that it was obligatory on the part of the plaintiffs to examine the handwriting expert to prove the signatures—Judgment of the High Court set aside— Appeal allowed.

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