#competent witness

Gauhati High Court rules that in a specific performance suit, a spouse’s testimony is sufficient to sustain the claim if they exclusively handled all transactions, even without a formal power of attorney. The ruling underscores that the defendant’s failure to file a written statement and the plaintiff’s unrebutted evidence strengthen the case for specific performance.

The Punjab & Haryana High Court ruled that a party’s affidavit remains admissible as evidence even after their Power of Attorney holder has testified, as no statutory bar exists under evidence law. This ensures the principal retains the right to testify in their own cause, reinforcing the flexibility of witness competency in civil proceedings.

The Telangana High Court ruled that a spouse is a competent witness in civil suits under Section 120 of the Indian Evidence Act, emphasizing that their testimony supplements rather than substitutes evidence. This clarification ensures that spousal testimony can be relied upon in property and family disputes without procedural barriers, reinforcing evidentiary flexibility in civil litigation.