Proviso 1 to Section 33 Indian Evidence Act not only covers cases of privity in estate and successio...........

Indian Evidence Act (IEA) 1872 Relevancy of Facts

Proviso 1 to Section 33, Indian Evidence Act, not only covers cases of privity in estate and succession of title, but also cases where which of the following condition is met?

the interest of the relevant party in the second proceeding is the subject matter of the first proceeding and is consistent with and not antagonistic to the interest therein of the relevant party to the first proceeding

the interest of both in the answer to be given to the particular question in issue in the first proceeding is identical

either (A) or (B)

both (A) and (B)

Explanation:

- Statement (A): Proviso 1 to Section 33 includes cases where the interest of the relevant party in the second proceeding was the subject matter of the first proceeding and is consistent with, not antagonistic to, the interest of the original party.

- Statement (B): It also applies where the interest of both parties in the answer to the particular question at issue is identical.

- Option 1: Only covers situation (A).

- Option 2: Only covers situation (B).

- Option 3: Suggests the proviso covers cases where either (A) or (B) applies.

- Option 4: Correctly states that it covers cases where both (A) and (B) are met, according to the language in the proviso and case law.

Option 4 is the correct answer.