I appreciate the view of the expert T. Kalaiselvan, Advocate (Advocate) but I also wish to add my opinion on this query. The Indian courts have idntified as many as more than 21 different kinds of witnesses, and the Indian Evidence Act provides that all person are competent to testify subject to the satisfaction of the court that the witness is competent to testify. This witness is important to the case but at the same time he suffers from memory loss, and there is no use to rely on his statements. Question is how to resolve this Conundrum in the court. The only way forward for the judge is to fall back on the Realist jurisprudence by skiping the formal law and take inspiration from the human factor, and resolve the issues between the parties.