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Documents citing Babu Singh & Ors vs Ram Sahai @ Ram Singh on 30 April, 2008

Judgment Reserved On vs D.Albert on 29 July, 2015

21.He has also relied upon the decision reported in 2008 (14) SCC 754 (Babu Singh and others vs. Ram Sahai alias Ram Singh), wherein it was held that mere statement of counsel of the plaintiff that the attesting witness was won over by the opposite party not sufficient to prove his absence by invoking Section 69 of the Indian Evidence Act. But here the facts of the case is entirely different. Admittedly all the three attestors of the three documents have been died. So, the above citation is not applicable to the facts of the present case.
Madras High Court Cites 32 - Cited by 0 - R Mala - Full Document

Sakkubai vs Kadirvelu on 17 June, 2011

19.The combined appreciation of the law laid down by the Supreme Court and our High court, if viewed in the light of the facts involved in the present case, would reveal that mere admission of execution of Will by DW1 in the witness box, will not amount to admission of true and valid execution of the Will in the manner required under law for the plaintiff to claim exemption to prove the execution of the will. Even otherwise, both the courts below have on the failure of the plaintiff to furnish details about date of death of Kuppammal and Nallu Udayar and the exact date of coming into force of the will, rightly found that the persons whether both the daughters or one of the daughters who inherited the same under the will cannot be ascertained. Even assuming that Ex.A1 is truly and validity executed by Nallu Udayar, the same does not improve the claim of the plaintiff for the following reason.
Madras High Court Cites 21 - Cited by 1 - K B Vasuki - Full Document

Ms. Shahni Bai (Wife) vs Mr. Satpal Singh (Since Expired Through ... on 22 November, 2018

72. Counsel for plaintiff has otherwise argued that the defendants have never tried to ascertain as to whether attesting witnesses are alive or not and in support of the said contention he relied upon the judgment in the case of Babu Singh and others Vs. Ram Sahai @ Ram Singh, (2008) 14 SCC 754 decided by Hon'ble Supreme Court on 30.04.2008 in which it was held as under:
Delhi District Court Cites 35 - Cited by 0 - Full Document

Ms. Shahni Bai (Wife) vs Mr. Satpal Singh (Since Expired Through ... on 22 November, 2018

72. Counsel for plaintiff has otherwise argued that the defendants have never tried to ascertain as to whether attesting witnesses are alive or not and in support of the said contention he relied upon the judgment in the case of Babu Singh and others Vs. Ram Sahai @ Ram Singh, (2008) 14 SCC 754 decided by Hon'ble Supreme Court on 30.04.2008 in which it was held as under:
Delhi District Court Cites 35 - Cited by 0 - Full Document

Penke Pallayya vs Penkey Venkata Ramana on 10 August, 2018

20) In Babu Singh and others v. Ram Sahai alias Ram Singh5 the Apex court was dealing with the cases where one of the attesting witness died and the other witness did not appear for proving the attestation. The Trial court held that execution of the Will was not proved. The first appellate court held that Harnek Singh who attested the Will is alive but the counsel for the plaintiff as well as the plaintiff himself made a representation on 29.10.1999 that Harnek Singh has joined hands with the opposite party and moreover, he has intentionally left for a foreign country. The question was whether the statement of the deed writer who also knew the executor can be relied upon or not and whether he can be treated as an attesting witness or not? Not convinced with the argument advanced, the second appeal was dismissed stating that no substantial question of law arose for its consideration. Challenging the same, an S.L.P., came to be filed before the Apex Court and the Apex Court set-aside the judgments of trial court and appellate court, holding that even taking the course of Order XVI of the Code of Civil Procedure, might not be necessary, what was imperative was a statement on oath made 5 (2008) 14 Supreme Court Cases 754 10 by the plaintiff. A deposition of the plaintiff as a witness before the Court and not the statement through a counsel across the Bar, such a statement across the Bar cannot be a substitute for evidence, warranting invocation of Section 69 of the Evidence Act.
Telangana High Court Cites 13 - Cited by 0 - Full Document

Smt. Veena Khanna vs State & Ors on 29 April, 2024

59. The Apex Court in Babu Singh (supra) dealt with the inapplicability of Section 69 when one of the attesting witnesses to the Will is alive and no effort is made to procure the testimony of the surviving witness. It was also held that a Will cannot be proved in accordance with Section 69 of the Indian Evidence Act, when only one attesting witness who is alive, denies his signature in the Will. This judgement is distinguishable and not applicable to the facts under consideration.
Delhi High Court Cites 42 - Cited by 0 - N B Krishna - Full Document

Dr.K.R. Leela Devi vs K.R. Rajaram on 29 May, 2025

We, however, do not find any legal proposition to that effect in Babu Singh and Others (supra), as argued by the learned counsel. In that case, the propounder contended that one of the attesting witnesses had been won over by the opposite party. During the hearing, the counsel for the propounder stated that the other witness had gone abroad and was, therefore, beyond the court's process. This stand was not accepted by the trial court, though the appellate court found it RFA No.715/2013 26 2025:KER:36448 sufficient. In those circumstances, the Honourable Supreme Court observed that a mere statement made through counsel, as opposed to one made on oath by the party, cannot be treated as evidence. It was emphasised that such a submission from the Bar cannot substitute the satisfaction of the requirement necessary for invoking Section 69 of the Evidence Act. Significantly, the Court further observed in paragraph 27 as follows:-
Kerala High Court Cites 18 - Cited by 0 - S Ninan - Full Document
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