MERE SUGESSTIONS CAN NOT FILL THE PLEADINGS AND EVIDENCE
Evaluation of pleadings – without pleadings – with out evidence – when the other side denied a suggestion it can not be argued that is a fact pleaded as such it was posed as suggestion form to the other side –
“The Property as stated earlier, would, at best be the property acquired in the joint venture, but for which, sufficient evidence is not there.
According to the plaintiff, he joined service in the Police Department in 1972.
Earlier to 1972 he was not having any earnings, as could be seen from the evidence.
If really the plaintiff had earnings earlier 1972, he would have produced some document or would have spoken about it.
On the other hand, in the course of cross-examination, as referred to earlier, the plaintiff has stated that he is not having any document to show that he had source of income prior to 1972.
Of course, in the course of cross-examination of DW1, the learned counsel for the plaintiff had posed a suggestion to DW1 that earlier to 1972 the plaintiff was working at Galaxy Theatre.
With reference to the said suggestion, DW1 has denied the same in unequivocal terms.
The plaintiff, if really had an employment with the Galaxy Theatre earlier to 1972, he would not have lost sight of to mention that such an important event in his life before Court.
But, in the course of his examination-in-chief PW1 has not even whispered a word about it.
Therefore, the contention of the plaintiff’s Advocate that his client was working at Galaxy Theatre prior to 1972, to augment the funds fall to the ground.”
Apex court – Thangamma & Ors vs Sethumadhavan