Jadu Nath Sarkar and others vs Mahendra Nath Rai Chowdhury and others

Maclean, C.J.—The only question on this appeal is whether the District Judge was right in rejecting Ex. 7, which was a statement made by Plaintiff No. 2 in a case in 1878 in which he stated that Jugul Kishore and Shyam Kishore were brothers. Whether they were brothers or not is, as I understand, the real issue in this case. The learned Munsif admitted that statement in evidence having regard to sec. 21, sub sec. (1), sec. 32, sub-sec. (5) and sec. 157 of the Indian Evidence Act. The District Judge refused to accept it as any evidence. We think this statement was admissible, but what weight can properly be attached to it we cannot say--that is a matter for the Judge trying the case. We think, therefore, that there must be a remand and the case must be dealt with in accordance with this intimation of our opinion as to the admissibility of the statement. The cost of this appeal will abide the result.