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B. S. BHANUMATHI
Y. Kiranmayee – Appellant
Versus
D. Rukminamma – Respondent
ORDER :
1. The Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order dated 04.04.2022 allowing the petition in I.A. No. 1600 of 2021 in O.S. No. 21 of 2012 on the file of Court of the III Additional District Judge, Kurnool at Nandyal, filed under Section 120 of the Indian Evidence Act and under Section 151 of CPC to permit the petitioner to lead evidence through her second son Mr. D. Srinivasa Reddy.
2. The plaintiff filed the suit for declaration that the Will dated 16.12.2011 of G. Devalathamma is neither true nor genuine and consequentially to declare plaintiff’s title over the plaint schedule property and for delivery of possession of the properties to the plaintiffs. The main contention of the plaintiff is that a few days prior to the death of G. Devalathamma, the plaintiff and her husband along with her sons went to Hyderabad to see G. Devalathamma where she was admitted in Omega Hospital and found that she was in a state of unconsciousness and she could not even identify the family members of the plaintiff. When the suit is coming up for trial, the plaintiff attended before the Court on 12.02.2020 along with the assistance of her re
A party who wants to appear as a witness in her own case, should so appear before any other witness on her behalf is examined, unless the court for reasons to be recorded, permits her to appear as he....
Permission to examine a witness can be granted before or after examination, with careful consideration to avoid prejudice, as highlighted in various legal precedents.
(1) Competency of a person to testify as a witness is a condition precedent to admissibility and credibility of his evidence.(2) In civil proceedings parties and their husbands and wives are competen....
Secondary evidence may be admissible when the original document is lost or misplaced, provided sufficient justification for its non-production is established.
A non-litigating spouse can testify on behalf of their litigating spouse without needing a power of attorney, per Section 120 of the Evidence Act.
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