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 drawn against such party. Explain.

CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2018
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 drawn against such party. Explain.

Answer & Explanation:

The statement is true and has been upheld by the courts. In Ms Shefalli Bhaargava vs. Indraprastha Apollo Hospital and another 2003 NCJ 787 (NC), the Court has observed that it is incumbent upon a party in possession of best evidence on the issue involved is a complex or difficult one, Court cannot constitute itself into an expert body and contradict the claim/proposition on record unless there is something contrary on the record by way of expert opinion, 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. This is also known as the doctrine or rule of adverse influence.

Topics: Evidence Law

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