Evidence Act S. 91: Bajaj & Bajaj Case Analysis

Read this question carefully: A, B and C were partners in a firm. A wrote a letter to B stating that he had seen C taking some cash out of the cash box. B kept the letter and later produced it in evidence against C in a civil suit by B against C. The court held that the letter was inadmissible in evidence as per S. 91 of the Evidence Act. State facts and apply the law.

Trick was in the application of S. 91, which says that an admission made in the writing cannot be proved by produced the writing if the admission related to any transaction concerning lands. The letter was written by a partner to another partner and was produced by the third partner, hence it was inadmissible. Approach should be to identify the transaction concerned in the letter and apply the law accordingly.