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Ponnammal Vs. Kalithitha Moodelly - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtChennai
Decided On
Reported in(1903)13MLJ143
AppellantPonnammal
RespondentKalithitha Moodelly
Excerpt:
- 1. the only point argued before us is that the mortgage in plaintiff's favour was not proved by examining at least one attesting witness as provided in section 68 of the indian evidence act.2. no objection was taken to the admissibility of the document when tendered as evidence in the lower court. if objection had been taken, the defect, if any, would no doubt have been cured. we cannot allow the objection to be now taken after it was waived in the lower court.3. we dismiss this appeal with costs.
Judgment:

1. The only point argued before us is that the mortgage in plaintiff's favour was not proved by examining at least one attesting witness as provided in Section 68 of the Indian Evidence Act.

2. No objection was taken to the admissibility of the document when tendered as evidence in the lower Court. If objection had been taken, the defect, if any, would no doubt have been cured. We cannot allow the objection to be now taken after it was waived in the lower Court.

3. We dismiss this appeal with costs.


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