AIR 2007 SUPREME COURT 2380 ::2007 AIR SCW 4233 ::(2007) 2 WLC(SC)CVL 622 ::(2007) 3 All RentCas 604 ::(2007) 3 CivilCourtC 248 ::2007 (10) SCC 296 ::(2007) 3 RecCivR 381 ::(2007) 8 Scale 191 ::2007 (3) CurCC 184 ::(2008) 2 AllMR 15 (SC) ::2007 (3) All WC 2923 ::2008 HRR 1 476 ::2007 (4) ICC 90 ::2007 (5) MadLJ1273 ::(2008) 1 Pun LR 595 ::(2007) 5 Supreme 357

Supreme Court Of India

(From : 2000 AIHC 880 (AP))

Hon'ble Judge(s): Satya Brata Sinha, Markandeya Katju , JJ

(A) Evidence Act (1 of 1872) , S.34, S.22— Relevant fact - Admission - Consideration of - Claim by plaintiff for rendition of accounts in lis - Issuance of document purported to have been authored by one of parties - Contents of which accepted by defendant as being noted from books of accounts - Required to be considered in proper perspective. 2000 AIHC 880 (AP), Reversed. Limitation Act (36 of 1963) , S.3— An admission made by a party can be used against him. When such admission is made by a Karta of the Hindu undivided family, who is managing the family property as well as family business affairs, the same would be a relevant fact. When a claim was made by the plaintiffs for rendition of accounts in the lis, issuance of a document purported to have been authored by one of the parties, was required to be taken into consideration.(Para 22) When in cross-examination a witness accepts the correctness of a document, the same would be relevant. A pleading in regard to existence of a document may be necessary for advancing the case of a party, but when a witness admits a document to be in his own handwriting without anything more, the effect thereof may have to be considered having regard to the provisions contained in S. 145 of the Evidence Act in terms whereof the only requirement would be that his attention is draw....