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Civil · Reportable judgment

Government of Goa through the Chief Secretary vs Maria Julieta D’Souza (D) & Ors.

Court
Supreme Court of India
Date
31 January 2024
Case No.
Civil Appeal No. 722 of 2016
Result
Dismissed
Bench
Pamidighantam Sri Narasimha, Aravind Kumar
Citation
[2024] 1 S.C.R. 1190 : 2024 INSC 88
Supreme Court Reports [2024] 1 S.C.R. 1190 : 2024 INSC 88
Issue for consideration
Whether the High Court, while allowing first appeal against judgment of trial court that dismissed the suit filed by respondent for declaration of title and injunction, had wrongly shifted the burden of proof on to the State (defendant) rather than requiring the plaintiff to prove its title.
Headnote

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]

Keywords: Suit · Declaration of title and injunction · Burden of proof · Common law · Jurisprudence · Burden of proof · Standard of proof · Sufficiency of evidence · Preponderance of probability · Title · Injunction · Evidence

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.

Full Judgment Text

Judgment Pamidighantam Sri Narasimha, J. 1. This is an appeal against the final judgment of the High Court of Bombay at Goa allowing the first appeal against the judgment of the Trial Court dated 25.07.2007 that dismissed the suit filed by the respondent herein. 2. The suit came to be filed by the respondent(s) herein for declaration of title and injunction. The Trial Court dismissed the suit on two grounds: first, the plaintiff could not establish her title by way of a clear document of title in her favour. Second the suit is itself barred by limitation. 3. In appeal, the High Court consi
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