'REPORTABLE'

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4456 OF 2016

(Arising out of SLP (Civil) No. 16486 of 2015)

PAWAN KUMAR PATHAK ... Appellant

VERSUS

MOHAN PRASAD ... Respondent

WITH

SLP(C) No. 19336-19337/2015

S.L.P.(C)...CC No. 19118/2015

J U D G M E N T

A. K. SIKRI, J.

Civil Appeal No. 4456 of 2016

(Arising out of SLP (Civil) No. 16486 of 2015)

Leave granted.

We have heard the matter finally at this stage itself

with the consent of counsel for the parties because short

issue relating to the admissibility of the evidence which was

to be produced by the appellant before the trial court is

involved.

The appellant herein had filed a suit in the court of

Additional District Judge, Gwalior, Madhya Pradesh, which is

registered as Case No. 5A of 2007.

1

Digitally signed by

NIDHI AHUJA

Date: 2016.05.03

17:30:17 IST

Reason:

Signature Not Verified

C. A. No. 4456/ 2016 etc.

The foundation laid to claim the aforesaid reliefs as

per the averments of the plaint is that the appellant is the

son and only legal heir of Hira Lal and Kesar Devi, both of

whom have died intestate. It is further