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(2024) Law Today Live Doc. Id. 19801 = 2024 :PHHC: 127013
Reserved on: 23.09.2024 Pronounced on: 25.09.2024
Indian Evidence Act, 1872 (1 of 1872), Section 114 -- Recovery suit – Pronote – Proof of -- Non-appearance of defendant – Adverse inference -- Defendant having not entered the witness box, adverse inference is liable to be drawn against him that he did not want to face the cross-examination -- In the presence of the testimony of the two attesting witnesses of the pronote as well as receipt proving due execution of the same by the defendant, no reliance could have been placed upon the statement of an expert witness disputing the signature of defendant, particularly when defendant himself had not entered into the witness box, to deny his signature.
(Para 10)