Kolkata Court March 1930 Judgments

Jobeda Khatun and ors. Vs. Sheik Monabali and ors.

Court: Kolkata

Reported in: AIR1930Cal479

1. Two points have been raised in this case on behalf of the defendants-appellants. The first is that Ex. 3, the kabala by which the plaintiff purchased the land in suit, was not rightly admitted in evidence by the trial Court. The document was not filed in proper time. A certified copy of it was tiled before the suit was decided. An objection was taken to the reception of the certified copy and the plaintiff filed an affidavit saying that the original was filed in another Court and the learned Munsif accepted the copy on the ground that it would be an unnecessary waste of time to call for the original. The learned District Judge on appeal observed that this was only a 'talking point' and had no substance whatever. The certified copy of the document was received by the Munsif in order to avoid delay. In our opinion it well came within Section 65(c), Evidence Act, as it was not possible then to have the original brought within reasonable time. This objection must be overruled.2. The sec...