JUDGMENT Stephen and Henderson, JJ. - Two statements have been tendered which purport to have been made by Satish Chunder Mukerjee to the last witness Shoshi Shekhar Banerjee and attested by him. They have been tendered in evidence u/s 10 of the Evidence Act. It appears to us that they ought not to be admitted. Section 10 deals with things said or done or written by one of a number of persons who have conspired together for a particular purpose mentioned (in the section), such things being done with reference to their common object and the section provides that they are relevant as against each of the persons believed to be so conspiring as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to the conspiracy. 2. In the course of the hearing there have been suggestions of a conspiracy between Satish Chunder Mukerjee and other persons in connection with an alleged will of Gopal Lal Seal. And it may be that as the result of this case we may have to come to the conclusion that Satish Chunder Mukerjee and others have in fact conspired together to put forward a forged will, but as to that it would not be right that we should express any opinion now. There is, moreover, no issue before us as to whether there was a conspiracy and even if there were, we are not prepared to say on the evidence as it stands, that there is any reasonable ground within the meaning of the section for believing that either the Plaintiff Nogendra Nath Mitter or Kadambini, who has died since the institution of these proceedings, was a party to the conspiracy. 3. That being so, we do not consider that the statements are relevant or can be used to prove (i) the existence of the conspiracy as to which, as has been said, there is no issue, or (ii) that Nogendra Nath Mitter, the surviving Plaintiff was a party to the conspiracy. 4. Under these circumstances the statements will be rejected.