It is a general though not a conclusive presumption that a document was made on the day of the date it bears,
But the contention that the sale deeds were antedated cannot be sustained. It is a general though not a conclusive presumption that a document was made on the day of the date it bears, so that for what it is worth the plaintiff starts with that in her favour; but her case does not rest there, for such oral evidence as there is on the point supports the presumption and was not seriously challenged by cross-examination. It has been suggested that the plaintiff should have called other witnesses to the date of execution. But her advisers had no reason to apprehend that this contention would be advanced. It is not pleaded in the written statement, it is not raised in the issues and the judgment of the First Court certainly does not suggest that it was given prominence even at the trial.
Bombay High Court
Mina Kumari Bibi vs Raja Bijoy Singh Dudhuria on 11 December, 1916
Equivalent citations: (1917) 19 BOMLR 424
Bench: Parker, Sumner, J Edge, L Jenkins
