Sreenivasaraghava Iyengar V. Jainambeebee Ammal Et Al.,

1947 Present: Wijeyewardene and Dias JJ.

SREENIVASARAGHAVA IYENGAR, Appellant, and
JAINAMBEEBEE AMMAL, et al., Respondents.

152 Inty.-D. C. Nuwara Eliya, 1,589

Evidence - powers of attorney executed in India- proof of due execution - power of attorney executed by pardanishin lady behind purdah while Notary stood outside the purdah-Validity of it - Admissibility of copy of power of attorney- Evidence Ordinance, ss. 70,78 (6), 82,85.

A power of attorney executed by a pardanishin lady behind the purdah while the Notary stood outside the purdah can not be regarded as a power of attorney executed before the Notary for the purpose of attraction to itself the presumption under section 85 of the Evidence Ordinance.

Under section 70 of the Evidence Ordinance, the admission of a party to an attested document of its execution by himself is sufficient proof of its execution only against that party.

Where a power of attorney purported to have been executed in British India in the presence of two witness and a notary public-

Held that under section 85 of the Evidence Ordinance the document could be admitted withou

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