KALABATI KUMARI DEVI Vs. KISHAN MAHTO

JUDGEMENT

(1.) HEARD Mr. Manoj Kumar Sah, learned counsel for the petitioners. No one appears on behalf of the opposite party. The plaintiffs have filed this civil revision application against the order, dated 10.9.97 passed by the 1st Subordinate Judge, Godda, in Title Suit No. 40/93 by which the plaintiffs have been directed to lead evidence in the suit first. The only question to be decided in the suit is as to whether the defendant no.3 is the adopted son. Admittedly, the plaintiffs deny this fact whereas the defendants assert it. It is the settled principle of law that onus lies always on the person who makes a positive assertion of a fact and not on a person who denies it. There cannot be any positive proof with respect to negative fact. I am supported by a decision in the case of Sri Raghubir Singh vs. Sri Raghuraj Singh -1995(1) B.LJ 460 -and another in the case of Madhusudan Das vs. Smt. Narayani Rai and others (A.I.R. 1983 Supreme Court 114). Accordingly, the order, dated 10.9.97 is set aside and this civil revision application is, thus, allowed.