When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. It has been so provided under which Section of the Indian Evidence Act, 1872?

All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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83.

When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. It has been so provided under which Section of the Indian Evidence Act, 1872?

A: Section 17

B: Section 18

C: Section 19

D: Section 21

The answer is: C

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Explanation

The correct option is C: Section 19.

Section 19 of the Indian Evidence Act, 1872 states that admissions by persons whose position must be proved as against party to suit are relevant. This means that when the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. For example, if A sues B for a debt due to him from C, and C admits that he owes the debt to A, then C's admission is relevant as against B, who is liable only if C is liable. Section 19 is based on the principle of estoppel, which prevents a person from denying or contradicting a fact that he has previously admitted or asserted. Section 19 is also an exception to the rule that hearsay evidence is not admissible, as it allows the admission of a third party to affect the rights and liabilities of the parties to the suit.