Plaintiff In Civil Suit Has To Prove His Case On His Own Strength, Can't Draw Strength From Documents Of Other Side: Gauhati High Court

The Gauhati High Court has made it clear that in a civil suit, the plaintiff has to prove his case on his own strength. He cannot draw strength from the documents of the other side.

Justice Parthivjyoti Saikia thus refused to interfere with the findings of the courts below, in a case relating to property title. It observed,

"The appellant (plaintiff before the court below) failed to prove the sale deed, so he failed to prove his title over the suit land. For the reasons as aforesaid, this court finds that the trial court as well as the first appellate court had correctly appreciated the evidence on record and arrived at correct findings. Therefore, this appeal is found to be devoid of merit and stands dismissed accordingly."

The appellant's witness had exhibited the sale deed, a hand written document. The writer of the document was not examined by the appellant. Therefore, it was the Court opined that on the face of record, the Sale deed on the basis of which the appellant claimed title over the suit land, was not proved according to the procedure laid down in Section 67 of the Indian Evidence Act.

"Where a document is written by one person and signed by another, the handwriting of the former and the signature of the latter both have to be proved in view of Section 67 of the Evidence Act . When the sale deed(Ext 1), by which the appellant claimed to have title over the suit land is not proved, then the title of the appellant over the suit land is not proved. Therefore, it is proved that the appellant never had title over the suit land," said the Court.

The Bench further proceeded to observe that in a second appeal under Section 100 CPC, High Courts have limited jurisdiction and it cannot reappreciate evidence or facts unless the case involves a substantial question of law.