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Objection as to the mode of proof - Objection as to the mode of proof falls within procedural law - Therefore, such objections could be waived

Public Document - Compromise had become a part of the decree which was passed by the court became a public document in terms of Section 74 of the Indian Evidence Act, 1872

Home Evidence Act

Registered copy of the Will of 1898 was admitted in evidence, No objection, however, appears to have been taken in the first court

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in Evidence Act, Various Acts
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“The defendants have now appealed to His Majesty-in-Council, and the case has been argued on their behalf in great detail. It was urged in the course of the argument that a registered copy of the will of 1898 was admitted in evidence without sufficient foundation being laid for its admission. No objection, however, appears to have been taken in the first court against the copy obtained from the Registrar's office being put in evidence. Had such objection been made at the time, the District Judge, who tried the case in the first instance, would probably have seen that the deficiency was supplied. Their Lordships think that there is no substance in the present contention.” 

Padman v. Hanwanta, AIR 1915 PC 111

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Tags: Admissibilty - Evidence, Document marked as exhibit, Evidence, Objection as to the mode of proof, Practice and Procedure
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