Supreme Court · 2025 INSC 1037 · Decided 19 August 2025

Nilima Das Gupta (Deceased) Through Its LRS. v. On the Death of Abdur Rouf His Legal Heirs & ORS.

Court
Supreme Court of India
Citation
2025 INSC 1037 · [2025] 8 S.C.R. 740
Case number
CIVIL APPEAL No. 11074/2025
Decided
19 August 2025
Bench
J.B. PARDIWALA, K.V. VISWANATHAN (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CPC Section 100; Evidence Act Section 118, 120

Headnote

Issue arose as regards to whether D.W.5-son could have entered the witness box and deposed on behalf of his mother-defendant No.1. Evidence Act, 1872 - ss.118, 120 - Who may testify - Competent witnesses in all 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

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