The Assistant Government Agent V. Fernando

Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice,
and Mr. Justice Wendt.

THE ASSISTANT GOVERNMENT AGENT v. FERNANDO
et al.

D. C., Kalutara, 149.

Burden of proof-Party asserting that a person was alive at a particular time-Presumption of continuance of life and subsistence of marriage -Entry made by relative-Proof of age-Evidence Ordinance (No. 12 of 1895), as. 32, sub-section (5) and 107.

There is no presumption as to the continuance of life or of an admitted marriage. A party who asserts that a person was alive at a particular date must prove such fact.

A statement as to a person's age, made by a deceased relative, is admissible in evidence under section 32 (5) of the Evidence Ordinance.

Ram Chandra Dutt v, Jogeswar Narain Deo 1 and Oriental Government Security Life Assurance Co., Ltd., v. Narasinha Chart 2 followed.

APPEAL from a judgment of the District Judge of Kalutara (P. E. Pieris, Esq. ). The facts material to the report sufficiently appear in the judgment of Wendt J.

Bawa (with him V. M. Fernando), for the fourth defendant, appellant.

H. Jayewardene, for the first defendant, respondent.

Cur. adv. vult

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