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AMERASEKERA et al v. PALANIAPPA et al.


Amerasekera Et Al V. Palaniappa Et Al.

Present: Pereira J. and De Sampayo A. J.

AMERASEKERA et al. v. PALANIAPPA et al.

109-D. C. Colombo, 36, 399.

Document referred to in list added to plaint-Order for production-Civil Procedure Code, ss. 51 and 104-Journal entries.

A document specified in the list of documents added to a plaint in terms of section 51 of the Civil Procedure Code is a document to which " reference is made in the plaint, " and an order |or the production for inspection by a party of such a document may be obtained by him under section 104.

Per Pereira J. -Among documents that a party is not bound to produce are those relating solely to the case of the party himself; but when a document contains matter supporting the title or case of the opposite party, or impeaching the claim of the party required to produce it, it is not protected.

Observations by Pereira J. on bow the journal entries in the record of a case should be minuted: When a motion or application is filed, it is not sufficient that reference should be made to it in the journal merely by means of such words as " Vide motion (or application) filed. " The substance of the motion or applica

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