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Dalip Singh Vs. Durga Prasad - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All442
AppellantDalip Singh
RespondentDurga Prasad
Excerpt:
act i of 1872 (evidence act), section 91 (c) - act viii of 1871 (registrution act), sections 17, 49--receipt--parel evidence admissible. - pearson, j.1. we are compelled to concur in the ruling of the lower appellate court that the receipt for rs. 477 should have been registered, and not having been registered, is inadmissible as evidence of the payment. but the lower appellate court's further ruling that the oral evidence of the payment adduced by the defendant is inadmissible is opposed to illustration (e), section 91 of the indian evidence act. we therefore direct the lower appellate court, under section 351 of act viii of 1850, to find upon the oral evidence whether the alleged payment is proved to have been made, and to submit its finding when the parties may take objections within a week.2. the subordinate judge having returned a finding against the defendant on the parol evidence, the court passed the following final
Judgment:

Pearson, J.

1. We are compelled to concur in the ruling of the lower Appellate Court that the receipt for Rs. 477 should have been registered, and not having been registered, is inadmissible as evidence of the payment. But the lower Appellate Court's further ruling that the oral evidence of the payment adduced by the defendant is inadmissible is opposed to illustration (e), Section 91 of the Indian Evidence Act. We therefore direct the lower Appellate Court, under Section 351 of Act VIII of 1850, to find upon the oral evidence whether the alleged payment is proved to have been made, and to submit its finding when the parties may take objections within a week.

2. The Subordinate Judge having returned a finding against the defendant on the parol evidence, the Court passed the following final


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