Bandiya V. Ungu Et Al.,

Present: Lascelles C.J.

BANDIYA v. UNGU. et al.

112-C. R. Kegalla, 10,679.

Evidence Ordinance, s. 68-Proof of document required by law to be attested-Witnesses to document not to be found-Evidence to satisfy the Court that such witness is not to be found.

If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence.

The proper evidence that a witness cannot be found is that the person whose duty it was to call him has made use of his legal powers under section 131 of the Civil Procedure Code. If it is proved that the Fiscal has been unable to serve the summons or to produce the witness on a warrant, it would be sufficient proof that he is not to be found.

The evidence of one of the parties to the action was considered not sufficient to prove that the witness cannot be found.

THE facts are set out in the judgment.

Sandrasegra, for the appellants.

Bawa, K.C., for the respondent.

May 29, 1912. Lascelles C.J.-

In this

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