P DHANARAJ Vs. M CHELLAN NADAR

JUDGEMENT

(1.) The Court has laid down that unless the documents filed in a case are proved in accordance with the provisions of the Indian Evidence Act, the contents of the same should not be used as evidence. The decision in Manicka Huda-liar v, Shanmugasundara Mudaliar, (1982)2 M.L.J.301= 95 L.W.297 may be looked in, in this regard. In the instant case before us, both the sides have produced certain documents which were given exhibit numbers by the trial Court. The trial Court as well as the lower appellate Court took the contents of those documents without any proof and have discussed regarding the relevancy of the same. This is something alien to the well recognised principle of law relating to evidence as available in the statute book of India. When both the sides have not taken care to examine any witness on either side so as to prove the documents, it is strange that both the Courts below have taken the contents of the above documents as acceptable evidence in accordance with law and taken the trouble of fixing the contents of the documents without proof regarding the case put forward by either side in their pleadings and given a decision on the cause that had arisen in the case. Under the circumstances, the second appeal is allowed and the judgments and decrees of both the courts below are set aside, and the suit is remanded to the trial Court for fresh disposal in accordance with law after giving opportunity to both sides to adduce evidence relating to the documents that had been filed by either side, after giving due importance to the provisions of the Indian Evidence Act. There is no order as to costs in the second appeal. The Court-fee paid on the memorandum of appeal will be refunded to the appellants herein. The trial Court is directed to dispose of the suit within three months from the date of receipt of the records from this Court.