the Supreme Court docket observed that, in deciding irrespective of whether a prima facie scenario has been established, the pertinent consideration is whether or not on the evidence led, it is possible to reach with the summary in concern, rather than whether or not which was the only conclusion

The discourse around the stress and common of evidence in paragraphs 18 and 19 reveals an intensive examination of the evidence offered by both of those functions. It demonstrates an adherence to your theory of assessing proof around the stability of probabilities, a common tenet in civil legisla

Keep of Go well with (Part ten of CPC): This part mandates that no court docket shall move forward with a accommodate If your matter in difficulty is directly and substantially inside of a previously instituted suit involving a similar functions or their Associates (PLJ 1999 Kar. 419).