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april 1959

Supreme Court of India · 1959-04-27

DOLGOBINDA PARICHA vs NIMAI CHARAN MISRA & OTHERS

Citation / case number
SC 1954/90245
Court
Supreme Court of India
Petitioner
DOLGOBINDA PARICHA
Respondent
NIMAI CHARAN MISRA & OTHERS
Bench
DAS, S.K.

Judgment text excerpt

The Supreme Court upheld the admissibility of a joint statement under Section 32(5) of the Indian Evidence Act, affirming that it was made by a deceased person and his living brothers, thus qualifying as a statement of pedigree. The Court clarified that the statement was made before any dispute arose regarding the respondents' claims to the estate. Additionally, the testimonies of witnesses P.W. 2 and P.W. 4 were deemed admissible under Section 50, as their conduct provided an opinion on the relationship relevant to the case.

DOLGOBINDA PARICHA vs NIMAI CHARAN MISRA & OTHERS · Niyam