AIR 1939 ALLAHABAD 61

Allahabad High Court

Hon'ble Judge(s): Mohammad Ismail , J

(A) Evidence - Admissibility - Document admitted in first Court without objection - Its admissibility cannot be challenged in appeal. The proper time to object to the admissibility of evidence is at the trial when the evidence is tendered and it is then that the Court should rule as to the admissibility or inadmissibility of the evidence. Hence where a document is once admitted in evidence without any objection by a party in the first Court the party is precluded from objecting to the admissibility of the document in appeal :(Para 62C2) (B) Evidence Act (1 of 1872) , S.32(5)— Statement of deceased must be ante litem motam -Meaning of ante litem motam explained. The condition that the statement of the deceased person must be ante litem motam involves the idea that the dispute, if any on the former occasion must not be the same in substance as the dispute in the later suit. In other words, the statement now sought to be used will not be excluded if it merely related to some matter foreign or collateral to the matter in controversy on the former occasion :(Para 63C2) (C) Evidence Act (1 of 1872) , S.32(5)— Statement as to relationship of persons, signed by several perso....