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1985 Supreme(Mad) 503

S.SWAMIKKANNU
P. Dhanaraj – Appellant
Versus
M. Chellan Nadar – Respondent


JUDGMENT

S. Swamikkannu, J.

1. The Court has laid down that unless the documents filed in a case are proved in accordance with the provisions of the Indian Evidence Act, the contents of the same should not be used as evidence. The decision in Manicka Mudaliar v. Shanmugasundara Mudaliar (1982) 2 M.L.J. 301 : 95 L.W. 297 may be looked in, in this regard. In the instant case before us, both the sides have produced certain documents which were given exhibit numbers by the trial Court. The trial Court as well as the lower appellate Court took the contents of those documents without any proof and have discussed regarding the relevancy of the same. This is something alien to the well recognised principle of law relating to evidence as available in the statute book of India. When both the sides have not taken care to examine any witness on either side so as to prove the documents, it is strange that both the Courts below have taken the contents of the above documents as acceptable evidence in accordance with law and taken the trouble of fixing the contents of the documents without proof regarding the case put forward by either side in their pleadings and given a decision on the cause that h

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