Failure of defendant to prove non-existence of consideration - Onus cannot be shifted on plaintiff - Claim made by plaintiff has to be allowed even if evidence adduced by plaintiff is found to be unbelievable in rebuttal of defendant's case.

Citation

AIR 1999 SUPREME COURT 1008

 

SUPREME COURT

 

(From : 1996 (2) Cal HN 327)

 

V. N. KHARE , J. and R. P. SETHI , J.

 

Civil Appeal No. 4576 of 1997, D/- 18 - 2 - 1999

 

Bharat Barrel and Drum Manufacturing Company Appellant v. Amin Chand Payrelal Respondent.

 

Negotiable Instruments Act (26 of 1881), S.118 - Promissory note - Presumption as to

consideration - Burden of proof - Promissory note alleged to have been executed as a collateral

security and not for "value received" as mentioned therein - Failure of defendant to prove non-

existence of consideration - Onus cannot be shifted on plaintiff - Claim made by plaintiff has

to be allowed even if evidence adduced by plaintiff is found to be unbelievable in rebuttal of

defendant's case.

(1996) 2 Cal HN 327, Reversed.