Dasari Naveen vs Golden Rule Educational Society,
2021 Latest Caselaw 3983 AP

                      HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.461 of 2021
                                        PROCEEDING SHEET

Sl.       Date                                        ORDER                                            OFFICE
No.                                                                                                     NOTE
3     01.10.2021   MVR,J                                                                              Tr. to I-O
                                             S.A.No.461 of 2021                                         folder
                                                                                                       before
                       Heard Sri P.Anand Seshu, learned counsel for the appellant.                    correctio
                                                                                                      ns if any.
                       Upon consideration of the decrees and judgments of the trial
                                                                                                      Pl.verify.
                    Court as well as the 1st appellate Court, since the following
                    substantial question of law arises for determination in the second
                    appeal, ADMIT.
                           1. Whether both the courts below right in shifting
                               the burden of proof on the appellant/defendant
                               when the respondent/plaintiff failed to discharge

the initial burden in proving its case for recovery of misappropriation of fund in actions of producing any clinching oral or documentary evidence which is contrary to Sections 101 to 103 of the Indian Evidence Act?

2. Whether both the courts below are right in decreeing the suit following the presumption under Section 114 of the Indian Evidence Act, in spite of the same was rebutted by producing the documentary evidence in I.A.No.1031 of 2018 in A.S.No.237 of 2016 under Order 41 Rule 27 and the Xerox copies of the same have been filed in the suit by way of defence evidence and/or defence documents and the same was adduced in the evidence of PW.1 and DW.1?

3. Whether the courts below are right in decreeing the suit in the absence of leading any evidence either oral or documentary by the respondent/plaintiff/PW.1 as to the aspect of misappropriation of any fund or any amount by the appellant/defendant and much less without any audit report or account maintained by it producing in the court and when the respondent/plaintiff failed to discharge its initial burden cannot shift the same to the appellant/defendant to prove?

Issue notice to the respondent.

List the matter during the last week of December, 2021.

______ MVR,J I.A.No.1 of 2021 Heard.

There shall be interim stay of all further proceedings including execution of the decree in O.S.No.10 of 2014 dated 25.04.2016 on the file of the court of learned Senior Civil Judge, Mangalagiri confirmed in A.S.No.237 of 2016 dated 06.10.2020 on the file of the court of learned I Additional District Judge, Guntur, subject to the petitioner depositing 1/4th of the decretal amount along with full costs awarded by the trial Court and appellate court within six weeks from today to the credit of the suit, until further orders. Notice.

______ MVR,J Pab