Emjay Insurance Co. Ltd. V. James Perera

1957 Present : H. N. G. Fernando, J., and T. S. Fernando, J.

EMJAY INSURANCE CO., LTD., Appellant, and JAMES PERERA,
Respondent

S.C.513-D.C.Colombo, 29,431/M

    Evidence-" Admission "-No requirement that it should be adverse to the person who made it-Statement made by a deceased person-Admissibility as admission against representative in interest-Contract of life insurance-Adminiatrator'3 position as representative in interest of deceased policy holder-Evidence Ordinance, ss.17,18,21,32.

A statement, in order to be an "admission ", need not be "adverse " to the person making it. Section 17 of the Evidence Ordinance makes it clear that the only characteristics which a statement must possess in order to constitute it an admission are (1) that it suggests an inference as to a relevant fact or a fact in issue, and (2) that it must be made by one of the persons and in the circumstances hereinafter mentioned "; The following sections contain no reference to the need that the statement should be adverse to or against the interest of the maker, and section 21 permits all admissions to be proved as against the maker or his

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