A woman filed a lawsuit before the Abu Dhabi Court for Family and Civil and Administrative Claims, in which she requested that her daughter (the defendant) be obligated to pay her an amount of 85 thousand dirhams while obliging her to pay expenses, fees and legal interest at 12% from the date of filing the lawsuit, until the completion of payment, and obligating her to pay attorney’s fees. Based on the fact that the plaintiff is the mother of the defendant, the defendant used the plaintiff’s card, and withdrew a total of 85 thousand dirhams, after which she left the residence, which prompted her to file her similar lawsuit, and attached copies of account statements.
Before the case management office, the defendant appeared and submitted an answer memorandum, which was reviewed by the court, so the supervising judge decided to refer the case to the court, which stated after examining the case that the decision in the first article of the Evidence Law is that “the plaintiff must prove his right and the defendant may deny it, and the facts to be proven must be related to The lawsuit is productive in it, and it is permissible to accept it, and it is not permissible for the judge to rule with his personal knowledge.
The court clarified that since it was decided by the judiciary that the burden of proving the right claimed falls on the one who upholds it, and that proof in civil matters is a negative position for the judge, he receives evidence of proof and denial without interfering with it or drawing the attention of the litigants to the requirements of their defense, and it was decided That the court is not obligated to conduct an investigation that was not requested by the litigants, and since this was done and the papers were devoid of any evidence of the validity of what the plaintiff claims that the defendant used her card and withdrew the claimed amount.
She stated that the defendant had represented and denied the validity of what the plaintiff claimed, and then the court ruled to dismiss the case in its case, and obligated the plaintiff to pay the expenses and fees of the case in accordance with Article 55 of the regulations of the Civil Procedures Law.
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