JAYASINGHE
V
LEELAWATHIE AND OTHERS
 
 

COURT OF APPEAL
WIMALACHANDRA.J
CALA 183/2005(LG)
D.C. KEGALLE 3817/L
MARCH 31,2006

Civil Procedure Code, Sections 121 (2), Sections 154 (3), Sections 175 (2) - Listing of documents - Cross examination - Documents tendered - Photocopy -Applicability of proviso to Section 175 (2) - Legally admissible ? - Genuine? -Authentic ?

When a witness for the defendant was under cross examination, the plaintiff sought to mark a certain document through the witness; before marking the document it was shown to the witness who admitted that, the document has his signature. The document was a certified copy of a letter, ratified as a true copy. The plaintiff objected to the production on the basis that it is a photo copy.

The Court upheld the objection and further observed that the said document is not listed in terms of Section 121 (2).

Held;

 

(1) The trial Judge has totally ignored the 2nd proviso to Section 175 (2) - the document was produced when the witness was under cross examination, the document could have been produced in cross examination though not listed, provided the document is authentic, genuine an