Prior admissions as substantive evidence under the Evidence Act remain usable without witness confrontation; Section 145 governs contradiction only.

Prior admissions proved against a party constitute substantive evidence of the fact admitted under the Indian Evidence Act and may be relied on to support findings on disputed property character. Section 145 applies to contradiction of a witness by a prior statement, not to proof of an admission made by the party itself. A prior admission therefore does not lose evidentiary value merely because the party was not confronted with it in the witness box. The note distinguishes admissions from prior inconsistent statements used only for impeachment and states that proved admissions can be acted upon without prior confrontation.

---

---

Issues: Whether prior admissions made by the parties in earlier proceedings could be relied upon as substantive evidence against them to sustain the finding that the disputed properties were not joint family properties and whether the absence of confrontation with those admissions in the witness box prevented their use.

Analysis: Prior statements by a party, when proved, are admissions and constitute substantive evidence of the fact admitted under the Indian Evidence Act. They stand on a different footing from a prior inconsistent statement used merely to impeach a witness under the rule of confrontation. The requirement of putting a previous statement to a witness under Section 145 applies to contradiction of testimony, not to proof of an admission made by the party. The concurrent findings of the courts below rested on such admissions, and no sufficient basis was shown to displace them or to establish prejudice from their use.

Conclusion: The admissions were admissible and could be acted upon without prior confrontation, and the finding against the appellants was upheld.

Final Conclusion: The appeal failed, and the decree against the appellants was sustained with only a partial adjustment of costs.

Ratio Decidendi: An admission made by a party, once duly proved, is substantive evidence under the Indian Evidence Act and may be relied upon even if the party was not confronted with it in the witness box; Section 145 governs contradiction of witnesses, not proof of admissions.

---