Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | evidence contract |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Indian Evidence Act, 1872: Section 20-Statement made on special oath by person-Evidentiary value of-Held an admission of the person. Code of Civil Procedure, 1908 : Suit-Disposal of-By special oath-Validity of.Oaths Act, 1969 : Section 9-Oaths Act, 1873-Repeal of-Whether debars parties from entering into any contract. The petitioner in the Special Leave Petition filed a suit for declaring that the resignation tendered by him was involuntary and a result of fraud, coercion and threat as well as the inducement as alleged in the plaint. During the pendency of this suit, he filed an application under Order 10 Rule 2 read with Section 151 of the Code of Civil Procedure for a direction that if the respondent officers No.1 and 2 took a special oath in Gurudwara and Mandir respectively to the effect that the resignation of the plaintiff was not extracted from him under duress, fear, inducement, fraud, coercion then that part of the claim might be dismissed as withdrawn. The respondent Officers having accepted the challenge the Additional District Judge appointed a local commissioner to administer the oath to the said two persons as desired by the petitioner, and the same having been taken and the court duly informed, the Additional District Judge ordered dismissal of that part of the claim covered by the suit. On the following day of the dismissal of theĀ· application, thepetitioner filed another application with a prayer to decide the aforesaid issue on merits and evidence and that the respondents might not be allowed to take advantage of the blunder committed by the petitioner in his application, and for cancellation of the court's order dismissing the claim. This application was dismissed by the Trial Judge. The Trial Court took the view that Section 20 of the Evidence Act was applicable and that the repeal of the Oaths Act, 1873 by Section 9 of the Oaths Act, 1969 no where debarred the parties from entering into any contract. The petitioner filed revision petition against the two orders of the Trial Court but the same was dismissed. In the special leave petition to this Court, the petitioner contended in person that in view of the repeal of the Oaths Act, 1873 by the Oaths Act, 1969 the suit could not be decided on the basis of special oath. |
Judge | Hon'ble Mr. Justice Yogeshwar Dayal |
Neutral Citation | 1992 INSC 110 |
Petitioner | K.m. Singh |
Respondent | Secretary, Association Of Indian Universities And Others |
SCR | [1992] 2 S.C.R. 630 |
Judgement Date | 1992-04-21 |
Case Number | 10436 |
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