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Man Kaur(Dead)By Lrs vs Hartar Singh Sangha on 5 October, 2010

It may be noticed that evidence in respect of physical fitness of the respondent or in other words, the problem of eye could be deposed by the respondent himself, being the facts in his personal knowledge. Even the fact, whether the appellant was aware of such eye problem after his FAO No.90-M of 2011 13 marriage with her could be deposed only by him. The discovery of fraud at the time of marriage or soon thereafter or at any point of time prior to 09.05.2007 could have been deposed by the respondent himself. But the respondent has not appeared as a witness. The Hon'ble Supreme Court in Man Kaur's case (supra) has laid down the principles, when a statement of attorney can be read into evidence on behalf of the principal. It has been held to the following effect:
Supreme Court of India Cites 20 - Cited by 594 - Full Document

Narbada Devi Gupta vs Birendra Kumar Jaiswal And Anr on 3 November, 2003

In fact, the Hon'ble Supreme Court in Narbada Devi Gupta Vs. Birendra Kumar Jaiswal and another (2003)8 SCC 745 has held that even if a document is exhibited, it cannot be read into evidence, unless it is proved in accordance with law. Therefore, mere physical availability of photographs on record without proof thereof cannot be read into evidence. It observed as under:
Supreme Court of India Cites 4 - Cited by 267 - Full Document
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