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Nothing in this chapter contained shall be taken to affect any of the provisions of thr Indian Succession Act (X of 1865) as to the collJtruction of wills. )--. PARTIll. PRODUCTION AND EFF£CT OF EVIDENCE. . CHAPTER VII.~OF THE BURDEN OF PROOF. , 101. Whoever desires any Court to give judgment as to any legal right or liability dep3ndent on the existence of facts which lie asserts, must prove that those facts exist. When a perso.nis bound to prove the existence of any fact, it is said that the burden of proof Hes on that person.' . ~' . II/I ".'}'((fWJl8. . . :J;5 . <"" Evidence as to meaning of illegible characters, &c. Who may. give evidence of agreement varying terms of document. I' Saving of provisions of Indian Suc- cession Act relating to wills. Burden of proof. '-r ~ ~, ~., On whom burJ...u uf prout' lies. ,~... Hnrdt'll or }11'(ll)r:t~ to }'al'l icular tad, Dlll'(kn of }inn i!I:";'Jild to Lt, I'l'u\'nl to JI1:tb:. ('\'jdclln' adlJli;:;si]']t. "", Jf}()it! ell t:(~. I A(!r j l. '; Iltush"atzo1t8. (II.) A de~;il'e8a Court to give judgment that B shall I)t: fillllished for :.;,crime which A says B has committed. A must .i~rovethat B has committed the crime. (b.) a desires a Court to give judgment that he is entitled to cel'ta~n land in the possession of B) by reason of facts which, he assel~ts)and wljich B denies) to be true. 1- 'n ',tjprove the existence of those facts. 1 G,' I mhe burden of' proof in a suit or pl'oeeed.. jug Ii&; on that pe1'scm'ut'howould fail if no evidence at all were gi~en on ' si(1e. IU3tst-tatio'!Z8. (Lt.) A sue~.' B for land of which B is in possession) and . which) as A asserts, was left to A by the will of C, B's father. If no eviJcl1Cewere given 011either side, B would be entitled i0 retain. h~s IJossession. 'rhCl;efol'e~~heburden of proof is on A. (b.) A sa!!s B for money due on a bond. '1'he ext'~~ntionof the bond is admitted, but B says that it was oJitailll'd :,y fi'and, which A denies. ] f no evidence were given on either side, A would succeed) as the lJOllllis not disputed and the fraud is not proved. Therefore the burden of proof is on B.