The Ceylon Law Reports; Being Reports of Cases Decided by the Supreme Court of Ceylon V. 1-3 [1887-1897]

The Ceylon Law Reports; Being Reports of Cases Decided by the Supreme Court of Ceylon V. 1-3 [1887-1897]

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...also took exception to the plaint on account of the non-joinder of Punchi Menika's children, (the owners, according to plaintiff, of a moiety of the land.)' The case came to a hearing on November 18, 1890, when plaintiff and defendants agreed upon certain issues which were accordingly framed by tho district judge, and the trial adjourned to March 24, 1891. Thereafter, the trial was again several times adjourned, and ou October 30, 1891, the children of Punchi Menika were added as defendants, under circumstances fully set out in the judgment of Withers, J. At the trial, and upon the close of the added defendants' case, their proctor tendered in evidence, first, certain marriage registers for the purpose of proving that Kiri Menika had been married iu diga and Punchi Menika in bina; and secondly, a certified copy of a lease, in order to show that Kiri Menika when giving evidence had sworn falsely as to the payment of the consideration. The admission of these documents was objected to by plaintiff on the ground that they had not been included in any list of documents filed with the added defendants' answer, and no notice of them had been given to plaintiff before the trial. The district judge held that the combined effect of sections 58 and 113 and I Form No. 16 of the Civil Procedure Code was to impose upon a defendant (as well as a plaintiff) the duty of filing a list of documents on which he relied, and of bringing them into court upon appearance to the summons. He therefore rejected the documents teudered, holding also that the lease in question had not been proved. Pbinted AT THE " CsiLOX EXAMINES" Pbesb, No. 16, QUEEN Stbeet, Fobt, COLOMBO. Judgment was given for the pl;iintiflfas prayed, with costs against the defendants, both...
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Product details

  • Paperback | 408 pages
  • 189 x 246 x 21mm | 726g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236512537
  • 9781236512536