A. I. R. 1914 Oudh 341 ::(1914) 17 Oudh Cas 134 ::(1914) 1 Oudh LJ 352

Oudh High Court

Hon'ble Judge(s): Lindsay , J

Evidence Act (1 of 1872) , S.101— Onus immaterial-Party accepting burden of proof is estopped from pleading that burden was wrongly placed. Where the plaintiff accepted the burden of proof put upon him by the Court below and produced certain witnesses in order to prove execution of the deed: Held: that he was not entitled in second appeal, because the evidence of the witnesses he put forward had been disbelieved, to turn round and say that it was not his duty to call evidence at all and to ask the Court to disregard the evidence which he had given.