Case Law Analysis
|Bombay High Court
Plaintiff Cannot Summon Defendant as Witness | Adverse Inference Permitted Under Indian Evidence Act : Bombay HC
The Bombay High Court has ruled that plaintiffs cannot compel defendants to testify on their behalf, as such practice undermines adversarial fairness and improperly shifts the burden of proof. If a defendant refuses to testify despite being summoned, courts may draw an adverse inference - reinforcing the principle that each party must prove their own case without coercing the opposing side to act as a witness.