SHOBHANA SAHADEV SHAH Vs. SANGEETA PORBANDERWALA

JUDGEMENT

(1.) The petitioner has sought to probate the will of her deceased husband. The petitioner has shown two attesting witnesses in the will sought to be probated. One of them is a lawyer. The other of them is a doctor. The evidence of the lawyer has been led. The evidence of the doctor is in progress. The petitioner has sought to put questions in the nature of crossexamination to the doctor under Section 154 of the Indian Evidence Act. It is the petitioner's case that the doctor is hostile to the case of the petitioner. Counsel on behalf of the petitioner submitted that the motive of giving a false answer to a previous question has to be established by declaring the doctor hostile.

(2.) A witness may give any oral evidence. The oral evidence is required to be appreciated based upon the normal parameters of credibility of the witness, consistency of his evidence and the relevance of the oral evidence alongside the documentary evidence produced on record. A witness, who gives evidence which may not be to the liking of the party does not make him a hostile witness. He may be the witness of truth or untruth. It is for the Court, whilst appreciating the evidence, to adjudge the kind of witness he was and to believe or disbelieve his testimony.

(3.) The doctor has given evidence in the case of a petition for probate of a will. The will is required to be attested and proved as per the mandatory requirements set out in the Indian Succession Act read with Indian Evidence Act.