Sheo Balak and anr. Vs. Gaya Prasad and ors. - Court Judgment
|Judge||Lindsay and; Gokul Prasad, JJ.|
|Appellant||Sheo Balak and anr.|
|Respondent||Gaya Prasad and ors.|
|Cases Referred||Jiwan Bakhsh v. Khan Bahadur Khan|
evidence act (i of 1872), section 35 - entry in deceased chaukjdar's register, whether admissible--proof that entry was made by deceased. - .....has cited the case of sanipat v. garni shankar 19 ind. cas. 713 : 14 o.c. 68. that case has not only been consistently followed in that court but has also met with the approval of this court in the case of jiwan bakhsh v. khan bahadur khan 19 ind. cas. 528. we are bound to follow this last-mentioned case and no argument has been advanced before us to make us some to a different conclusion. we, therefore, think that the, decree of the court below was correct. this appeal is dismissed with costs.
1. The only question raised in this appeal is as to the admissibility in evidence of the register of births and deaths kept by a village chaukidar.
The lower Appellate Court has come to the conclusion that it has not been shown that the entry had been made by the chaukidar himself, and the chaukidar being dead, the entry could not be admitted in evidence under Section 35 of Indian Evidence Act. In support of this view the learned Judge has cited the case of Sanipat v. Garni Shankar 19 Ind. Cas. 713 : 14 O.C. 68. That case has not only been consistently followed in that Court but has also met with the approval of this Court in the case of Jiwan Bakhsh v. Khan Bahadur Khan 19 Ind. Cas. 528. We are bound to follow this last-mentioned case and no argument has been advanced before us to make us some to a different conclusion. We, therefore, think that the, decree of the Court below was correct. This appeal is dismissed with costs.