TMI Blog1972 (3) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... an application was made by the wife that a certain letter written by the husband on 11th March, 1971, to her father, be allowed to be produced as additional evidence, as it was material for the just decision of the case. 2. This application was contested by the husband and he claimed privilege on the ground that it had been written during the period when talks of a compromise were going on and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oubtedly, if the said letter is produced on the record, it would seriously damage the case of the husband. Reference was made by the Court below to the provisions of section 23 of the Indian Evidence Act, which read as under:- In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties. It appears from the circumstances of this case that he had written this letter perhaps at the instance of the wife, because she might be ready to go back to the husband, but her father may not be giving her permission to do so, and it is quite possible that he wrote that letter just to prevail upon her father to send her back to him. Equally probable is that the father might have asked t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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