Non-Appearance of Plaintiff --Adverse Inference Against Plaintiff for Non-Appearance in Witness Box Stands Displaced Where Cogent Evidence Proves the Claim
Adverse inference drawn against a plaintiff for non-appearance in the witness box is rebuttable and not conclusive. Where cogent and reliable evidence on record successfully displaces such presumption, non-appearance of the plaintiff is not fatal to the claim. A power of attorney holder or manager may depose on behalf of the principal in respect of acts within his personal knowledge.
