BASANT SINGH versus JANKI SINGH AND ORS.

BASANT SINGH versus JANKI SINGH AND ORS.

An admission made by a party in a plaint signed and verified by him in a prior suit is admissible as evidence under section 17 of the Indian Evidence Act, 1872, in later suits; it is not conclusive but is strong evidence unless rebutted. The court found as a fact that Ramyad Singh died in 1939, entitling Bhagwano Kunwar to maintain the suit for partition and inherit eight annas share, and decreed in favour of the appellant accordingly.

Parties
Appellant: Basant Singh; Respondents: Janki Singh and Ors.
Jurisdiction
India
Judgment Date
02 August 1966
Procedural Posture
Civil Appeals Nos. 19 & 20 of 1963 / Appeal From Judgment and Decree of the Patna High Court Dated July 31, 1959
Outcome
Appeals allowed.
Legal Topics
Relevancy of Admissions, Admission in Pleadings, Succession and Partition, Women's Rights to Property
Evidence Law Hindu Law Civil Procedure Relevancy of Admissions Admission in Pleadings Succession and Partition Women's Rights to Property

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Parties

Basant Singh

Appellant

Janki Singh and Ors.

Respondents

Procedural Posture

Civil Appeals Nos. 19 & 20 of 1963 / Appeal From Judgment and Decree of the Patna High Court Dated July 31, 1959

Legal Issues

  1. 1 Whether an admission made by a party in a pleading (plaint) in a previous suit is admissible as evidence in another suit under section 17 of the Indian Evidence Act, 1872
  2. 2 Whether the date of death of Ramyad Singh was 1936 or 1939, impacting the entitlement of Bhagwano Kunwar under the Hindu Women's Rights to Property Act, 1937

Ratio Decidendi

An admission made by a party in a plaint signed and verified by him in a prior suit is admissible as evidence under section 17 of the Indian Evidence Act, 1872, in later suits; it is not conclusive but is strong evidence unless rebutted. The court found as a fact that Ramyad Singh died in 1939, entitling Bhagwano Kunwar to maintain the suit for partition and inherit eight annas share, and decreed in favour of the appellant accordingly.

Court Disposition

Appeals allowed.

Orders

  • Decree passed by the High Court is set aside.
  • Decree in favour of the appellant allotting to him the lands purchased under the deed dated March 14, 1958, and awarding him separate possession thereof.