Bishwanath Prasad v. Dwarka Prasad (1974)

Introduction

• This is a landmark case on admissibility of admissions as evidence.
• In the Supreme Court the bench was comprised of Justice H.R. Khanna, Justice R.S. Sarkaria and Justice V.R. Krishna Iyer.
• The judgement was delivered by Justice V.R. Krishna Iyer.

Facts

• This is a property related dispute in which a suit for partition was filed.
• The point of conflict was that there was a property which the first defendant (first respondent herein) contended as belonging exclusively to him.
• The trial court after considering the facts and circumstances of the case adjudged that the property belonged exclusively to the first respondent.
• The basis of the judgement was the admissions made by the first plaintiff and the eighth defendant, and the father of the plaintiff.
  • Few similar admissions were made in the written statement filed in the title suit between them.
• The High Court upheld the judgement given by the Trial Court that the property belonged exclusively to the first respondent.
• A civil appeal was filed in the Supreme Court under Article 133 of the Constitution of India, 1950.

Issue Involved

Whether the entire properties mentioned under Schedule C of the plaint are joint family properties liable for partition?

Observations

• On the point of Section 145 of the Indian Evidence Act, 1872, the Supreme Court distinguished between the prior statement of a party to the case and the prior statement of a witness.
• The court said that an admission is substantive evidence irrespective of the fact that it cannot be treated as a conclusive proof.
• A prior statement of a witness under Section 145 of the Indian Evidence Act, 1872 can be used to question the credibility of his statements but it will remain substantive evidence of the fact admitted.
• The contradictory statements can be questioned in the court of law for its veracity, but the admissibility of those facts cannot be questioned just because the witness is making contradictory statements.

Notes

Section 17 of the Indian Evidence Act, 1872- Admission defined, an admission is a statement, [oral or documentary or contained in electronic form], which suggests any reference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.

Section 21 of the Indian Evidence Act, 1872 - Proof of admissions against persons making them, and by or on their behalf, Admissions are relevant and may be proved as against the person who makes them, or his representative-in-interest; but they cannot be proved by or on behalf of the person who makes them or by his representative-in-interest, except in the following cases:

An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 32.

An admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable.

An admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission.

Section 145 of the Indian Evidence Act, 1872 - Cross-examination as to previous statements in writing, A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.