PARKASH RAI Vs. J N DHAR

JUDGEMENT

(1.) The plantiff has closed his evidence in the affirmative. Now the defendants are required to produce their evidence. At this stage, the defendants have made the present application (I.A. 396 of 1976) under Sections 74 and 76 of the Indian Evidence Act and have appended therewith copies of the following documents :

(2.) So far as the production of copies of the orders are concerned, there is no dispute. They can be undoubtedly tendered in evidence.

(3.) As regards the affidavits, copies of such documents cannot be taken in evidence. What 'evidence' means and includes is defined in section 3 of the Indian Evidence Act. Affidavits are not included in its definition. On the contrary, affidavits have been expressly excluded by virtue of section I of the Indian Evidence Act. Therefore, affidavits cannot be taken in evidence under any provision of the statue. This legal position has not been combated by the learned counsel for the defendants. So, copies of the affidavits cannot be allowed to be produced in evidence.