Suit for recovery of money – Sale of goods through hundis – Respondents alleged that the alleged bills have been raised on the basis of fictitious and fraudulent transactions – Since such stand was of the respondents, the onus of proof of such issue was on the respondents – Such issue necessarily implies that the raising of the invoices is not in dispute but it was alleged that such bills are fictitious and fraudulent – The onus of proof of issue, whether the defendant accepted the bills without actual delivery of goods to it is also upon the respondents as it is their stand that the bills were accepted without actual delivery of goods.
2021 SCeJ 1313 = 2021 PLRonline 12403