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.