LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

POOJA (ARTICLE ASSISTANT)     21 November 2023

Evidence

can submission made as reply to petition of person before his death be used as evidence in other matters as well, as other living person is denying what was stated before his death ?


Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     22 November 2023

The reply to the petition will stand as a piece of evidence duriong trial provided  certified copy of the same is obtained through court of law, however the relevancy of the same will be taken into consideration if at all they are relevant to situation

1 Like

POOJA (ARTICLE ASSISTANT)     24 November 2023

Yes it's about in one suit they have mentioned about non possession of the premises but now other living person has all of sudden changed the status of possession.

T. Kalaiselvan, Advocate (Advocate)     24 November 2023

In that case it can be used as a documentry evidence by obtaining a certified copy from the court and add it as another exhibit from your side to support your stand and establish your case.

P. Venu (Advocate)     30 November 2023

What are the facts? What is the context?

LCI Thought Leader Rajesh Tandon ( Col (Retd))     04 December 2023

Yes, a can be used as evidence in other matters as well, as another living person is denying what was stated before his death. This is because the submission is considered to be an admission against interest, which is a type of evidence that is generally admissible in court.

An admission against interest is an out-of-court statement made by a party or someone privy to the party that is inconsistent with the party's position in the current case. Admissions against interest are considered to be reliable evidence because they are made against the declarant's own self-interest.

In the case of a submission made as a reply to a petition of a person before his death, the submission is considered to be an admission against interest because the declarant is no longer alive to retract or explain the statement. Therefore, the submission can be used as evidence against the declarant's heirs or successors, even if they are denying what was stated in the submission.

Of course, the admissibility of an admission against interest is always subject to the discretion of the court. The court will consider all of the relevant factors, including the circumstances in which the statement was made, the reliability of the declarant, and the relevance of the statement to the current case.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register