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Achanath Ittichiri Ammah, Manager and ors. Vs. Chingarath Alias thekkadath Kalliani Netiar Ammah and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1895)5MLJ81
AppellantAchanath Ittichiri Ammah, Manager and ors.
RespondentChingarath Alias thekkadath Kalliani Netiar Ammah and ors.
Cases Referred and Chimnaji Govind Godbole v. Dinkar Dhondev Godbole I. L. R.
Excerpt:
- 1. from the district munsif's report, submitted in obedience to this court's order of 11th july last, it appears that no objection was taken to the admission of exhibit viii in evidence. such being the case, it is not competent to the appellate court to raise or entertain the objection to its admissibility. cf. akbur ali v. bhyea lal jha i. l. r. (1880) c. 666 and chimnaji govind godbole v. dinkar dhondev godbole i. l. r. (1886) b. 320 we must not, however, be understood as holding that it is not competent to the judge to consider what weight is due to the document as evidence in the absence of the original.2. we set aside the decree of the lower appellate court and remand the appeal for disposal afresh.3. the costs in this court will abide and follow the result.
Judgment:

1. From the District Munsif's report, submitted in obedience to this Court's order of 11th July last, it appears that no objection was taken to the admission of Exhibit VIII in evidence. Such being the case, it is not competent to the Appellate Court to raise or entertain the objection to its admissibility. Cf. Akbur Ali v. Bhyea Lal Jha I. L. R. (1880) C. 666 and Chimnaji Govind Godbole v. Dinkar Dhondev Godbole I. L. R. (1886) B. 320 We must not, however, be understood as holding that it is not competent to the Judge to consider what weight is due to the document as evidence in the absence of the original.

2. We set aside the decree of the Lower Appellate Court and remand the appeal for disposal afresh.

3. The costs in this Court will abide and follow the result.


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