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Shaikh Nura Vs. Baikuntha Nath Ray and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in30Ind.Cas.398
AppellantShaikh Nura
RespondentBaikuntha Nath Ray and ors.
Excerpt:
ejectment, suit for - documents not filed, admission of, how far valid--appellate court's power to admit--oral evidence following documentary one--no objection to its admission. - .....no doubt that the judge was entitled to admit the documents. indeed that is conceded before us. the oral evidence that was admitted was a natural consequence of the admission of the documentary evidence, and we think there can be no legal objection to its admission. if that be so, it is conceded that the findings of the lower appellate court are conclusive,2. we must, therefore, reverse the judgment of mr. justice digarabar chatterjee, and restore the decree of the judicial commissioner. the respondent before us must pay the costs of both appeals in the high court.
Judgment:

1. The sole point in this case is a very simple one and it is whether the learned Judge of the lower Appellate Court was justified in admitting evidence which became relevant because of the discovery of two documents which had previously been out of the reach of defendant No. 2, who is the appellant before us. We can entertain no doubt that the Judge was entitled to admit the documents. Indeed that is conceded before us. The oral evidence that was admitted was a natural consequence of the admission of the documentary evidence, and we think there can be no legal objection to its admission. If that be so, it is conceded that the findings of the lower Appellate Court are conclusive,

2. We must, therefore, reverse the judgment of Mr. Justice Digarabar Chatterjee, and restore the decree of the Judicial Commissioner. The respondent before us must pay the costs of both appeals in the High Court.


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