KALPANA Vs. THE STATE OF U.P.

JUDGEMENT

(1.) Heard Sri L.K. Pathak, learned counsel for appellant, Sri Alok Sharma, learned Additional Chief Standing Counsel and perused the record.

(2.) Facts in brief of the present case are that plaintiff-appellant filed a suit for declaration registered as 0500029 of 2010 (Kalpana v. State of U.P. and Ors.) . In order to decide the controversy in the said suit, after exchange of the pleadings, the trial court has framed six issues and issue No. 1 is as follows:- ...[VERNACULAR TEXT OMITTED]...

(3.) Trial court after taking into consideration the material evidence led by the parties as well as statements given by the plaintiff and P.W. No. 2/Mangla Devi had come to the conclusion that in view of section 107 of the Indian Evidence Act, 1872, the onus lies on a person/plaintiff to prove and establish that her father is no more. However, in the present case, the plaintiff has failed to discharge her burden in regard to death of her father/Hari Ram as per the provisions of section 107 of Indian Evidence Act, 1872.