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Suit No, 178 of 1970, decided on 9th April, 1980,
‑‑‑ S. 114 read with Civil Procedure Code (V of 1908); O. XVI, r. 21‑Presumption from non‑appearance of party as witness-- Defendant completely denying any dealing with plaintiff in respect of transaction in dispute and not coming forward as witness‑No special facts being within his knowledge no adverse inference, held, can be drawn against him.‑[Witness].
‑‑ S. 103‑Burden of proof‑Witness evasive or unwilling‑Burden of proof of fact, held, not dispensed with and no assumption that witness if not evasive or unwilling would have supported party calling him ‑[Burden of proof].
‑‑ S. 3‑ Proved'‑Civil proceedings‑Preponderance of proof --Some reliable evidence, held, has to be on record for determining preponderance of evidence or probabilities in order to establish facts in issue‑Preponderance of evidence or probabilities, further held, cannot be weighed on surmises and conjectures.‑[Evidence].
‑‑‑ S. 61‑Interest on balance of amount‑Simple interest at 9% allowed from date of suit till payment.
Gulam Nabi v. Khan Iftikhar Hussain Khan P L D 1962 Lah. 370 rel,
Noor Muhammad for Plaintiff.
G. H. Malik for Defendants.
Date of hearing : 9th April, 1980.
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