De Livera Et Al. V. Abeysinghe Et Al.,

1938 Present: Maartensz S. P. J. and Keuneman J.

DE LIVERA et a. v. ABEYSINGHE et al.

16-D. C. Galle, 33,082.

Evidence Ordinance-Last will-Translation of a Dutch will Proof by secondary evidence-Res judicata-Question not decided in appeal-Ordinance No. 14 of 1895, s. 63.

An English translation of a document in another language cannot be regarded as secondary evidence of the original document under section 63 of the Evidence Ordinance.

Even if a document is admitted to the record by consent, that alone will not enable either party to prove by that document anything which under the Evidence Ordinance cannot be proved.
 
Where an appeal has been taken from the decision of an original Court and the Appellate Court does not think fit for some reason to decide the matter, the question is left open and is not res judicata.

THE plaintiffs brought this action against 203 defendants for the partition of Pokunebodawatta alias Pokunewalawwa. The plaintiffs contended that the original owner of the land was Nicholas Dias Abeysinghe Amerasekera, who left a last will dated May 21, 1793, whereby he devised the land in question to hi

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