SMT. DAYAMATHI BAI versus SRI K.M. SHAFFI

SMT. DAYAMATHI BAI versus SRI K.M. SHAFFI

Objections as to the mode of proof, being procedural, must be raised when evidence is tendered and before marking the document as exhibit; otherwise, the opportunity to cure procedural defects is lost and the objection is deemed waived. As appellant did not object at trial stage, she cannot contest mode of proof in appellate stage. The certified copy and gift deed were properly admitted.

Parties
Appellant/defendant: Smt. Dayamathi Bai; Respondent/plaintiff: Sri K.M. Shaffi; Respondent Advocate: M. Gireesh Kumar; Respondent Advocate: Ankur S. Kulkarni; Respondent Advocate: Khwairakpam Nobin Singh
Jurisdiction
India
Judgment Date
04 August 2004
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Admissibility of Secondary Evidence, Waiver of Procedural Objections, Proof of Documents
Civil Procedure Evidence Admissibility of Secondary Evidence Waiver of Procedural Objections Proof of Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Smt. Dayamathi Bai

Appellant/defendant

Sri K.M. Shaffi

Respondent/plaintiff

M. Gireesh Kumar

Respondent Advocate

Ankur S. Kulkarni

Respondent Advocate

Khwairakpam Nobin Singh

Respondent Advocate

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave

Legal Issues

  1. 1 Whether objection to the admissibility of secondary evidence (certified copy of sale deed) can be raised at appellate stage when no objection was made at trial stage
  2. 2 Whether certified copies of sale deed and gift deed are admissible as evidence when the foundation for secondary evidence was not laid

Ratio Decidendi

Objections as to the mode of proof, being procedural, must be raised when evidence is tendered and before marking the document as exhibit; otherwise, the opportunity to cure procedural defects is lost and the objection is deemed waived. As appellant did not object at trial stage, she cannot contest mode of proof in appellate stage. The certified copy and gift deed were properly admitted.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs