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Regarding Civil Suit For Money Recovery


03-Apr-2025 (In Civil Law)
In civil suit for recovery of money, filed in a commercial court of the district court, the burden of proof lies on the applicant or the respondent ?
Answers (5)

Answer #1
545 votes
In a civil suit for recovery of money, the burden of proof lies on the plaintiff (applicant). As per Section 101 of the Indian Evidence Act, 1872, the person who asserts a fact must prove it. The plaintiff must establish the existence of a legal debt or liability through documentary evidence, agreements, invoices, or other records. Once the plaintiff presents prima facie evidence, the burden may shift to the defendant (respondent) to refute the claim. Courts evaluate the evidence on the preponderance of probabilities principle. Plz obtained NSC before proceeds in the commercial suit.
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Advocate Adarsh Kumar

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Answer #2
537 votes
First of all rather than going legally you should serve him/her a legal notice and in that notice you can write that either pay my money or face legal action which will be at your own risk. After that if he/she fails to give you a satisfactory reply then you can anytime file a recovery suit in the court to claim your money back along with compensations.
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Advocate Jitender Singh

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Answer #3
896 votes
the burden of proof lies on both applicant and respondent firstly the burden of proof lies on applicant to prove your documents and cause of action against the respondent before the court for further inquiry you can consult your matter by virtual or hybrid Regard Sandeep Vats Advocate
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Advocate Sandeep Vats

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Answer #4
851 votes
the initial burden of proof in a civil suit for recovery lies on the applicant/plaintiff. once reasonable prima facie proof is established, the onus of proof shifts to the respondent to rebut the submissions made by the plaintiff/ applicant. As a plaintiff, unlike in a Criminal case, you don't have to establish your case beyond reasonable doubts but only need to establish the preponderance of evidence.
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Advocate Vikas Sharma

Adv. Vikas Sharma

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Answer #5
503 votes
In a civil suit for recovery of money filed in a Commercial Court at the District level, the burden of proof generally lies on the plaintiff. Only after the plaintiff discharges this burden, the onus may shift to the defendant to prove any defense.
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Advocate Ashutosh Singh Rana

Adv. Ashutosh Singh Rana

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