Written statement and dying declaration
S.N.Derashri
(Querist) 08 March 2015
This query is : Resolved
A in his written statement denied the fact of adoption of plaintiff. Subsequently he died pending suit. Can his written statement be read as dying declaration u/s 32 evidence act without due proof of execution of the same? case law if any in may also be quoted.
Devajyoti Barman
(Expert) 08 March 2015
The pleading without evidence by the plaintiff has no value. His legal heirs needs to be substituted in the suit and their fresh pleading unless they adopt the same pleading and evidence will be counted as evidence.
ROHIT SHARMA
(Expert) 08 March 2015
Dear Mr. S.N.Derashri,
1. This written statement submitted before the court by the respondent cannot be deemed as dying declaration in any case despite that the respondent died while the case is still being processed. Dying declaration is recorded by police at the point of time when a victim of any violence is admitted in a Hospital.
2. The background of the case needs to be probed and then matching case law can be traced.
3. If you feel that the case history needs to be discussed for to seek legal solution you can opt to have phone consultation with me provided that you are willing and agree to pay moderate sum towards remuneration for such purpose. You can get my contact details by clicking my name shown in the L.H.S. margin of this reply format.
Rajendra K Goyal
(Expert) 08 March 2015
Written statement can not be treated as dying declaration in this case.
The case would be decided on merits.
Dr J C Vashista
(Expert) 09 March 2015
I agree with the experts advise, WS filed in reply to the suit/plaint cannot be used as "dying declaration"which are two different connotations.
However, it can be used for corroborative purposes since the defendant (since deceased) has supported the Written Statement with an affidavit.
ajay sethi
(Expert) 09 March 2015
untested evidence is no evidence .
T. Kalaiselvan, Advocate
(Expert) 11 March 2015
Written statement is not an evidence on oath so cannot be termed as dying declaration at any cost. Any LR who is impleading on behalf of deceased defendant may corroborate the statement with his evidence.
