LAW OF EVIDENCE 611
Illus- —
A sued X for the loss of his sheep alleging that X’s dog had killed them. As proof he adduced evidence that X had killed his dog at the time remarking that it will not kill any more sheep.
Is this an Admission ?
II. It must have been made by persons specified in Sections 18-20.
- Deference to sections 18-20 shows that the reasons specified fall into categories.
(1) Persons who are parties to the proceedings and
(2) Persons who are not parties to the proceedingsstrangers.
Persons who are parties to the proceedings include :
(1) Parties.
(2) Agents of the parties.
(3) Persons jointly interested in the subject-matter of proceedings. e.g. partners, joint contractors.
(4) Persons from whom parties have derived their interest.
I. Strangers.
Where can a statement of a person who is a stranger and is not in any way related to a party to the proceedings mentioned in Section 18, be treated as an admission by a party.
Two cases.
(1) Statement is that of a referee—Section 20.
II. When the liability or position of that stranger is subject-matter of the proceedings.
and
(2) When the statement of the stranger be such as to amount to admission by him of his liability i.e. it must come within Section 17-18.
Illus. To the section—of liability.
Illus. 5 Mad. 239 —of position.
A and B are jointly liable for a sum of money to C who brings an action against A alone.