Suit – Suit for declaration of title and injunction – Standard of proof – While inquiring into whether a fact is proved, sufficiency of evidence to be seen in the context of standard of proof, which in civil cases is by preponderance of probability. Held: While it was submitted that the High Court wrongly shifted the plaintiff’s burden to prove its own case for declaration on to the State and that the plaintiff must prove its own case, it is found that what was being submitted was not about the burden of proof but the standard of proof – This is a matter relating to the sufficiency of evidence – While inquiring into whether a fact is proved, the sufficiency of evidence is to be seen in the context of standard of proof, which in civil cases is by preponderance of probability – By this test, the High Court has correctly arrived at its conclusion regarding the existence of title in favour of the plaintiff on the basis of the evidence adduced. [Paras 6, 8]
Evidence – Common law jurisprudence – Distinction between burden of proof and standard of proof – This distinction is well-known to civil as well as criminal practitioners in common law jurisprudence. [Para 8]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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