Section 91

The burden of proof in any suit or proceeding lies on that person who would fail if no evidence at all were given on either side.

Illustrations

{a}

A sues 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 evidence were given on either side, B would be entitled to his possession.

Therefore the burden of proof is on A.

· (b}

A sues B for money due on a bond.

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The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies.

If no evidence were given on either side, A would succeed as the bond is not disputed and the fraud is not proved.

Therefore the burden of proof is on B.

Burden of proof as to particular fact.