AIR 2001 KERALA 123 ::2001 (1) CivilCourtC 648 ::2001 (2) RecCivR 211 ::(2001) 2 ICC 664 ::2001 (1) KerLT 392 ::2001 (1) Ker LJ 161 ::ILR(ker) 2003 (2) KER 413 ::(2001) ILR(ker) 1 KER 413

Kerala High Court

Hon'ble Judge(s): S. Sankarasubban, A. Lekshmikutty , JJ

(A) Evidence Act (1 of 1872) , S.114— Presumption, under - Person saying that he put the signature on blank paper - Does not mean that he had executed documents. Mere putting of signature does not amount to admission of the execution of the document. Ordinarily signature merely means putting one's name or any other mark to identify a person making the mark. But when a word 'signature' is attributed with regard to the written document, which creates obligation on the person signing it, it can only mean signing the document after the document is prepared and completed. There, the signature is put to show that the person who signed has agreed the terms and conditions of that document. The intention with regard to the acknowledgement of the term should be there. When the person signs the same, then only it can be said that the person has executed the document. Hence when person says that he put the signature on a blank paper that does not mean that he had admittedly executed the document.(Para 15) (B) Evidence Act (1 of 1872) , S.101, S.114— Signature on blank paper - Burden of proof - Evidence adduced by plaintiff regarding execution of document if found to be reliable and discharge of burden sufficiently by plaintiff - Onus then would shift on defendant to show that he had not execute....