2003 (4) TMI 618

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.... competent to speak about a particular document which was sought to be relied on by the second respondent - Kerala Water Authority, the requisitioning authority on certain conditions. The opportunity given under judgment dated 13-2-2003 was to examine one of the parties to the particular document. Later, under the order of clarification, the expression one of the parties to the particular document was corrected as either the son of the executant of the document who is the attestor of the document or any other person who is closely acquainted with the execution of the document. Review is sought essentially in respect of the correction or clarification made by me under order dated 5-3-2003 in C.M.P. 13097/03. 2. Heard the Government Pleade....

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.... registered in the context of Sections 91 and 92 of the Indian Evidence Act, 1872. Section 91 is subject to exceptions and explanations and explanation No. 3 does permit oral evidence in a limited sphere. Section 92 is the section which deals specifically with exclusion of evidence regarding oral agreements varying the terms of documents which are required by law to be registered in writing. Section 92 is subject to as many as six provisos and to the extent allowed by the provisos, oral evidence can be adduced. In the instant case as Sri. Gopalakrishna Kurup submits oral evidence was sought to be adduced not to show that the price shown in that document is not the price that was paid and received, (though it may be possible for a claimant t....

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.... the consideration for the sale. Attestor to a document cannot by mere attestation be imputed with the knowledge of the contents of the document. However, on the facts of a given case where there is a close relationship between the executant and the attestor such as husband and wife, father and son the possibilities of the attestor having knowledge regarding the recitals in the documents and about the circumstances under which the document came to be executed cannot be ruled out. Under the order of clarification I permitted the petitioner to examine the son of the executant, an attestor to the document as a substitute for his father only because of the submission that the son is competent to speak about the circumstances under which the doc....