AIR 2000 SUPREME COURT 2857 ::2000 AIR SCW 3006 ::(2000) 2 MahLR 767 ::(2002) RevDec 508 ::(2001) 1 CivLJ 288 ::2000 (7) SCC 189 ::2000 (4) RecCivR 247 ::(2000) 5 Scale 600 ::2001 (1) All CJ 30 ::(2000) 4 AllMR 587 (SC) ::2000 (4) All MR 587 ::2000 (5) Andh LD 84 ::(2000) 2 AndhWR 201 ::2001 (1) MadLW 574 ::(2001) 2 RenCJ 32 ::(2000) 2 RenCR 525 ::(2001) 1 RentLR 291 ::2002 (1) LandLR 631 ::2001 (1) UC 12 ::2000 (3) LRI 657 ::2000 (5) Supreme 565 ::(2000) 2 CurLJ(CCR) 573 ::(2000) 9 JT 240 (SC) ::2000 (8) SRJ 180

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): Ajay Prakash Misra, Y. K. Sabharwal , JJ

Evidence Act (1 of 1872) , S.68 Proviso— Gift deed - Proof of execution in suit for partition - Denial of execution @page-SC2858of gift deed by plaintiff - Attesting witness need not be called - Finding as to denial by plaintiff, however must not be vague - Pleadings of parties must also be considered while recording finding as to denial. Under the proviso to S. 68 the obligation to produce at least one attesting witness stands withdrawn if the execution of any such document, not being a will which is registered is not specifically denied. Therefore, everything hinges on the recording of this fact of such denial. If there is no specific denial, the proviso comes into play but if there is denial, the proviso will not apply. In considering applicability of proviso to S. 68 the finding as to specific denial by plaintiff should be clearly specific and not vaguely or negatively drawn. It must also take into consideration the pleadings of the parties which has not been done in this case. Pleading is the first stage where a party takes up its stand in respect of facts which they plead.(Para 10) Instant case leaves to no room of doubt about denial of execution of the gift deed and settlement deed in suit for partition. Relevant part of the pleading records that defendant forged the signature of the father after influenci....