FERNANDO v. FERNANDO.

FERNANDO v. FERNANDO.

D. C, Negombo, 4,143.

Evidence-Admission of documents tendered in evidence-Proper description of them in list annexed to the pleading-Civil Procedure Code, ss. 51, 54-Technical objections-Adjournment of case.

    Deeds identified, in the list of documents annexed to a plaint, by numbers and dates are receivable in evidence if duly proved and tendered.

    If the defendant is not prejudiced by their production at the trial, the Court should disregard purely technical objections and use the discretion given it by section 54 of the Civil Procedure Code.

    LAYARD, C.J.-In my opinion, if a plaintiff intends to rely on a document in support of his title to property, which he is not bound to set out in his plaint, he should give due notice of it to defendant by succinctly stating the names of the parties, the date and nature of the instruments so relied on, in the list attached to his plaint.

    Where a plaintiff endeavours to read and tender in evidence a document not properly described in such list, and objection is taken to its admission by the opposite party, and where the Judge considers that he is prevente

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