BAI HIRA DEVI AND OTHERS vs THE OFFICIAL ASSIGNEE OF BOMBAY

The Supreme Court ruled that Section 92 of the Indian Evidence Act does not apply in cases where the dispute is between a stranger to an instrument and a party to it or their representative in interest. In this case, the Official Assignee, representing the insolvent's estate, was not acting as a representative in interest of the insolvent when challenging the deed of gift. Therefore, the appellants were entitled to present evidence supporting their claim that the deed was a transfer for valuable consideration, not a gift. The Court held that the deed of gift was not void under Section 55 of the Presidency-towns Insolvency Act (III of 1909).