Law: Evidence Act (I of 1872)

Section: 50,21

Law: Civil Procedure Code (V of 1908)

Section: 3

(a) Evidence Act (I of 1872)------   -----S. 50-Opinion on relationship --Evidence of relatives regarding relationship of parties-To be believed, if witnesses have direct knowledge of facts.   It would not be correct to say that the evidence of relation ship would be inadmissible unless foundation for the admission of such evidence is laid by the party who seeks its admission. That in many cases such a requirement would be necessary is true, but this cannot be laid down as a general proposition. For instance, if a brother of the deceased was to depose that A was the son of the deceased or B was his wife, it would not be necessary to ask questions of such a witness in the first instance regarding the means of his special knowledge. Such a means would be presumed in such a case. When a witness is shown either to be a relation or a friend of the family and he deposes to a fact of relationship there would be a presumption that he had the special knowledge of such relationship. It would not in such a case be necessary to preface his evidence of relationship with questions which must first lay down the foundation based on conduct with regard to such evidence.   The proposition of law that it cannot rightly be left to time or chance or cross-examination to disclose whether a state ment has any basis which could give it value or admissibility cannot apply to witnesses who were speaking of contemporary events in regard to relationship and who by their position must be presumed to have the special knowledge to speak about it.  Where the witnesses belonged to the same village and most of them were related to other members of the same Baradri and what they deposed to related to contemporary events of which they had direct knowledge, it was held that their evidence as to the said relationship was rightly admitted and believed by the lower appellate Court.   Muttuswamy v. Venkataswara 12 M I A 203; Khajah Hidayat v. Rai Jan 3 M I A 295; Fazilatunnisa v. Bibi Qamarunnisa 9 C W N 352; R. L. Reddi v. R. V. Reddi A I R 1937 P C 201 and Ghulam Muhammad v. Allahyar P L D 1965 Lah. 482 ref.   (b) Evidence Act (I of 1872)------   ----S.…