#LegalMaxim Affirmatis est probare – he who affirms must pr | Judiciary UP
#LegalMaxim
Affirmatis est probare – he who affirms must prove and Affirmanti non neganti incumbit Probatio – the burden of proof lies upon him who asserts and not upon him who denies.
Madras High Court followed the above 2 maxims for arriving at its conclusion that it is the bounden duty of the plaintiff to prove his case. The burden of proof is ambulatory. It reiterated the law on the point that the initial burden of proof is only on the plaintiff, who should enter into the box and prove his title positively – Pappannan & Ors. Vs Kolandasamy, MANU/TN/1886/2012
