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Sreemutty Sashimukhi Dasi Vs. Sreemuty Monmohini Dasi and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in67Ind.Cas.87
AppellantSreemutty Sashimukhi Dasi
RespondentSreemuty Monmohini Dasi and ors.
Excerpt:
evidence - attesting witness denying attestation--other evidence, whether can be relied on--document, proof of. - .....after the execution of the document; in other words, that he was not an attesting witness. but the district judge has found upon the evidence that the document was executed in the presence of that witness. the evidence, therefore, of the other witness was relied upon by the learned district judge not for the purpose of proving execution of the document but for proving that the attesting witness who said that he had not seen the execution did as a matter of fact see it and was an attesting witness. the learned judge also refers to the evidence of hem chandra, another attesting witness, examined at an earlier stage of the suit, namely, when the application for leave to use as a pauper was made.3. we think, having regard to the findings arrived at, that the document was proved. the appeal.....
Judgment:

1. Upon the findings arrived at, we think that the attestation of the document, even taking it as a deed of gift, has been sufficiently proved.

2. The attesting witness, who was tailed, stated that he put his name as a witness after the execution of the document; in other words, that he was not an attesting witness. But the District Judge has found upon the evidence that the document was executed in the presence of that witness. The evidence, therefore, of the other witness was relied upon by the learned District Judge not for the purpose of proving execution of the document but for proving that the attesting witness who said that he had not seen the execution did as a matter of fact see it and was an attesting witness. The learned Judge also refers to the evidence of Hem Chandra, another attesting witness, examined at an earlier stage of the suit, namely, when the application for leave to use as a pauper was made.

3. We think, having regard to the findings arrived at, that the document was proved. The appeal must accordingly be dismissed with costs.

4. The Court-fees in this Court will be recovered by Government from the appellant.


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