Supreme Court of India
Nilima Das Gupta (deceased) through its Lrs. v. On the Death of Abdur Rouf His Legal Heirs & Ors.
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From the headnote
Issue for Consideration Issue arose as regards to whether .W.5-son could have entered the witness box and deposed on behalf of his mother-defendant No.1. Headnotes† Evidence Act, 1872 – ss.118, 120 – Who may testify – Competent witnesses in all civil proceedings – Appeal preferred to High Court u/s.100 CPC for pending title suit – Substantial question of law involved whether DW-5 (son) could have entered the witness box and deposed on behalf of his mother/Original Defendant No.1 – High Court eschewed from consideration entire oral evidence of the son holding that the son of the Defendant No.1
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