NILIMA DAS GUPTA (DECEASED) THROUGH ITS LRS. versus ON THE DEATH OF ABDUR ROUF HIS LEGAL HEIRS & ORS.
Section 120 alone does not render the son (D.W.5) incompetent to testify; while D.W.5 cannot give evidence as to matters within his mother's exclusive personal knowledge, his evidence cannot be discarded entirely on the basis of Section 120. The High Court's exclusion of his evidence in toto was incorrect; the High Court's impugned judgment is set aside and the matter remanded for fresh consideration including formulation and decision on the substantial question of law.
Source excerpt
- Competence of witnesses
- Section 120 indian evidence act
- Nemo in propria causa
- Witness testifying on behalf of another