The court cannot draw an adverse inference against the plaintiff in a suit for specific performance if he fails to produce his bank passbook unless defendant or the Court summons the passbook.
SC
It is observed and held that unless the Plaintiff was called upon to produce the passbook either by the Defendant or, the Court orders him to do so, no adverse inference can be drawn.
In the case of Indira Kaur the Court after considering the observations made by this Court in the case of Ramrati Kuer has set aside the findings recorded by three courts below whereby an adverse inference had been drawn against the Plaintiff therein for not producing the passbook and thereby holding that the Plaintiff was not ready and willing to perform his part of the agreement.
IN THE SUPREME COURT OF INDIA
Basavaraj Vs. Padmavathi and Ors.
MANU/SC/0016/2023:
AIR 2023 SC 282 : (2023) 4 SCC 239