Ramjilal And Ors. vs Smt. Geeta Devi And Ors. on 4 August, 1997
4. On the other hand Mr. O.P. Garg, learned Counsel appearing for the defendant supported the impugned order and submitted that there is no error of jurisdiction in the impugned order. Request for raising presumption ought to have been made initially and it as accordingly made. Raising presumption in respect of a document which is more than thirty years old is within the discretion of the trial court and this discretion cannot be interfered unless it has been exercised arbitrarily or capriciously. Placing reliance on Gulzarilal v. Bhagwati Prasad RLW 1968 page 501 Mr. Garg learned Counsel canvassed that even presumption In respect of writing and signatures of agent can be raised under Section 90 of the Indian Evidence Act.