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"B" sues to recover one fourth of the price of the house alleged to have been sold by "A" to "C". The…

The bar on oral evidence under Section 95 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 92 of the Indian Evidence Act) applies only to the parties to the…

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"B" sues to recover one fourth of the price of the house alleged to have been sold by "A" to "C". The proper registered sale deed is available. The claim is based on local custom. The transaction between "A" and "C" was ostensibly not a sale but a usufructuary mortgage. "B" wants to give oral evidence in support of this. Which of the following statements will be true for the case?

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Answer and explanation

Correct answer A

The bar on oral evidence under Section 95 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 92 of the Indian Evidence Act) applies only to the parties to the instrument and their representatives, so a stranger like B may lead oral evidence of the real nature of the transaction: ""B" is not a party to the transaction between "A" and "C", as such he is entitled to give evidence."

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