1918  Present : Bertram C. J. and De Sampayo J.

FALALLOON v. CASSIM.

351-D. C. Puttalam, 2,468

Unnecessary extension of scope of trial deprecated-Cross-examination- Records of previous litigation-Evidence Ordinance, ss. 52, 146, 153, 154, and 155-When Court of Appeal may revise findings of fact.

It is not permissible to tender in evidence records of previous litigation in which a litigant or a witness may have been previously engaged, with a view to showing that he is of such a character as to render probable or improbable any conduct imputed to him. A witness may be cross-examined with reference to previous litigation so as to shake his credit by injuring his character. But his answers to those questions must be accepted, and they cannot be either impeached or confirmed by the attacking party by tendering in evidence the record of the case in question. In any case it is not competent for any party to put in evidence the entire body of proceedings and papers of another action indiscriminately. The Court cannot do this, even though the parties desire it. Nor is it legitimate to tender in evidence the opinion expressed by the Judge who tr