TMI Blog1955 (9) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the bank. An attempt was, however, made by Mr. Somjee to prove through this witness the various documents consisting of letters and documents executed by Jamnadas in favour of the bank and also the resolutions of the executive committee of the bank and the letters addressed by the bank to Nissim by proving the handwriting in which all the same purported to have been written. The attempt was obviously to prove the handwriting of these various documents without calling in evidence the persons who had written the same or who were acquainted with the contents thereof so that they might not be subjected to cross-examination at the hands of the counsel for the Official Assignee. 2. The witnesses who could have proved those documents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hpande, Paranjape and Jamnadas. Questions were asked to him in respect of the said various documents which were thus sought to be proved by Mr. Somjee in his examination whether he knew the handwriting of the said respective parties. 4. Mr. Somjee argued that under the provisions of the Indian Evidence Act all facts except the contents of documents could be proved by oral evidence, that so far as the contents of documents are concerned, they could be proved either by primary or scondary evidence, that the primary evidence of the documents meant the documents themselves produced before the Court, and that if the documents were alleged to be signed or to have been written wholly or in part by any person, the signature or the handwrit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or Jamna-das; but the matter could rest there and would carry the plaintiff no further. It certainly could not prove that the contents of those various documents which were thus proved to have been signed or written by Deshpande, Paranjape or Jamnadas were correct, and unless the plaintiff succeeded in proving the correctness of the contents of those various documents, he would not advance any step towards proving his case. Mr. Taraporewalla for the bank and Jamnadas supported Mr. Somjee in his submission. He submitted that once the signatures were proved the letters as a whole were proved, though the Court might say that the contents thereof were not proved in the sense that they were true. He submitted that the Court could admit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regarding its non-admissibility in evidence may be known. 7. Mr. Setalvad on the strength of this authority urged that the documents which were sought to be tendered by Mr. Somjee through this witness Balkrishna Bhagwan Deshmukh could not be admitted in evidence without calling the signatory or the writer thereof who could be the only persons competent to depose to the truth of contents of the said various documents. Mr. Somjee replied urging that the usual mode of proving documents was by calling the writer or by the testimony of the persons who were acquainted with the handwriting of the persons in question and he was thus entitled to prove the various documents which he sought to tender in evidence through this witness Balkrish ..... X X X X Extracts X X X X X X X X Extracts X X X X
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