PATASI DEVI Vs. RAVI KUMAR MATHUR AND ORS

JUDGEMENT

(1.) Whether, in the facts and circumstances of the present case, the burden to examine Shri Man Singh Gupta, Counsel for the Plaintiff, was rightly placed by courts below on the defendant, or not, particularly when the defendant examined their counsel DW-2 Kanta Prasad Sharma, who stated in his statement that he paid the rent of the disputed month to Shri Man Singh Gupta, Counsel for the Plaintiff?

(2.) Whether, in the facts and circumstances of the case, the courts below committed an illegality in placing burden on defendant to examine Man Singh Gupta, Advocate, in support of their pleading that their Advocate Kanta Prasad Sharma, DW-2, paid the amount of rent of disputed month to Shri Man Singh Gupta, Counsel for the plaintiff, in view of the observations made in the case of Bhairon Lal & Anr. vs. Chandmal & Another, 1994 1 WLC(Raj) 7147.