V.M. MATHEW vs V.S. SHARMA

The Supreme Court addressed the interpretation of the second proviso to Section 33 of the Indian Evidence Act, 1872, determining that for evidence to be admissible, the party against whom it is sought must have had the right and opportunity to cross-examine the witness in the prior proceeding. The Court held that since the appellant had that right, the evidence of the deceased witness Kurian was admissible. The appeal was allowed, overturning the High Court's ruling on the admissibility of evidence.