AIR 1962 PATNA 273

Patna High Court

Hon'ble Judge(s): K. Ahmad , J

(A) Evidence Act (1 of 1872) , S.13, S.32— Statement of a third party made in a document executed in favour of defendant about the boundaries of land in suit - Such third party not proved to be dead nor examined in the case - Statement is inadmissible in law against the plaintiff. (Para 3) (B) Civil P.C. (5 of 1908) , S.100, O.26 R.10(2)— Commissioner for measuring land - Report of - Admissible in evidence and forms part of record - Fact that commissioner is not examined is not material - Objection as to its admissibility - Cannot be raised for first time in second appeal. A report submitted by a commissioner appointed to measure the land in dispute is admissible in evidence and in fact forms part of the case as provided in O.26 R.10(2) Civil P.C. and the fact that the commissioner has not been examined at the trial cannot in law make his report inadmissible in evidence. At any rate if the objection as to the admissibility of the report has not been raised in either of the Courts below but on the other hand the parties agreed that it should be considered along with other evidence in the case, the objection cannot be considered in second appeal.(Para 4) (C) Patna Municipal C....