High Courts(1894) 11 MAD CK 0018

Achanath Ittichiri Ammah, Manager and Others vs Chingarath alias Thekkadath Kalliani Netiar Ammah and Others

Madras High Court · Decided on 22 November 1894 · Citation: (1895) 5 MLJ 81

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Judgment

3 paragraphs · 143 words
1.

From the District Munsif''s report, submitted in obedience to this Court''s order of 11th July last, it appears that no objection was taken to the admission of Exhibit VIII in evidence. Such being the case, it is not competent to the Appellate Court to raise or entertain the objection to its admissibility. Cf. Akbur Ali v. Bhyea Lal Jha I. L. R. (1880) C. 666 and Chimnaji Govind Godbole v. Dinkar Dhondev Godbole I. L. R. (1886) B. 320 We must not, however, be understood as holding that it is not competent to the Judge to consider what weight is due to the document as evidence in the absence of the original.

2.

We set aside the decree of the Lower Appellate Court and remand the appeal for disposal afresh.

3.

The costs in this Court will abide and follow the result.