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Supreme Court of India

Union of India v. Ibrahim Uddin & Anr.

Neutral citation
Bench Dr. B.S. Chauhan and Dipak Misra JJ.
Decided 17 July 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

13 Supreme Court benches have cited this judgment.

What the Court ordered

In view of above, appeal succeeds and is allowed, judgments and decrees of the first and second appellate courts are set aside and the judgment and decree dated 20.1.1998 passed by Civil Court in Original Suit No.442 of 1995 is restored. No costs.

Judgment, Para 70

From the headnote

Code of Civil Procedure, 1908: Title suit - Burden of proof - Suit for declaration of title of ownership of property against Union of India - Suit dismissed by trial court - Order set aside by District Judge in first appeal on the finding that the defendant-Union of India failed to prove its title over the suit land - Second appeal dismissed by High Court - Held: The first appellate court as well as the High Court committed grave error in shifting the burden of proof on the defendant-Union of India, though it was exclusively on the plaintiff-respondent no. 1 to prove his case, which the plaintiff-respondent no. 1 failed to do.

Authorities it was built on

Where later benches applied it

Of those, 5 relied on · 7 referred to · 1 not applicable

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