Explain the following: Rule of Adverse Inference.

Rule of Adverse Inference An adverse inference is a discretionary tool available to courts, and a remedy for the parties to seek to discharge a party from its burden of proof in the face of non-disclosure of evidence by the opposing party. This tool is usually employed when a party is silent or fails to disclose despite having the obligation or being ordered to do so. No evidence is required of matters which are, either formally admitted for the purposes of the trial, in civil cases, by the pleadings, by answer to interrogatories, by agreement or otherwise and in criminal cases, as regards proof of those documents admitted under Section 294 of the Code of Criminal Procedure, 1973. It is incumbent upon a party in possession of best evidence on the issue involved, to produce such evidence and if such party fails to produce the same, an adverse inference is liable to be drawn against such party. The Court will be justified in drawing an adverse inference against that party. [Ms. Shefali Bhargava v. Indraprastha Appollo Hospital & Anr., 2003 NCJ 787 (NC)].