SANWARMAL SINGHANIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B Chakravarty, learned counsel for the appellants. Also heard Mr. G Bordoloi, learned State counsel for the respondents.

(2.) The appellant plaintiffs instituted T.S No.220/2009 in the Court of the learned Civil Judge Junior Division No.3, Kamrup at Guwahati with the following prayer:

(3.) The only relief sought for in the title suit was for a declaration that Prakash Singh Singhania is dead since he is missing since 17.02.2002. The prayer made in the plaint itself makes it apparent that the plaintiffs intend to invoke the provisions of Section 108 of the Evidence Act which provides for a presumption that in the event a person has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden to prove that he is alive shifts to the person who affirms it that he is alive.