TMI Blog1995 (3) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... aded case is that he had delivered certain documents to a transporter in the presence of Notary Public and the Notary Public had made a report of the proceedings which had taken place in his presence. The plaintiff has in his deposition referred to the report of the Notary Public. Before the Court Master could endorse an exhibit number on the report of the Notary Public, counsel for the defendants has sprung up to raise an objection on the document being so endorsed staling - the document has not yet been proved; how it can be marked as an exhibit? (3) Not only the counsel in the case, but also other members of the Bar usually appearing on the Original Side and present in the Court have stated that it has been a practice of this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in any act or in any rules or practice directions. None has obliged me. I can presume that there is none. (6) Let me now look at the law. Any document filed by either party passes through three stages before it is held proved or disproved. These are : First stage : when the documents are Filed by either party in the Court; these documents though on file, do not become part of the judicial record; Second stage: when the documents are tendered or produced m evidence by a party and the Court admits the documents in evidence. A .document admitted in evidence becomes a part of the judicial record of the case and constitutes evidence .Third stage: the documents which are held 'proved, not proved or disproved' when the Court is called ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout laying foundation for its admissibility or where a document not properly stamped is admitted in evidence attracting applicability of Section 36 of Stamp Act. 8.2 But the right of a party disputing the document to argue that the document was not proved will not he taken away merely because it had not objected to the admissibility of the document. The most instructive example is of a Will. It is a document required by law to he attested and its execution has to he proved in the manner contemplated by Section 68 of the Evidence Act read with Section 63 of the Succession Act. The party challenging the Will shall not be excluded from demonstrating at the final hearing that the execution of the Will, though exhibited, was not proved is sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the Judge for orders. He shall endorse all documents admitted in evidence and all documents rejected with the particulars required by law and sign or initial such endorsement. (underlining by me) 11.2 A bare reading of this Practice Direction shows that it is not artistically drafted 'Proved' as used in para 6. is nothing else except used loosely for 'put in' 'produced' or 'tendered'. After all the question of proof is not answered by Court during the statement of witnesses simultaneously with production of documents nor does the Court Master decide upon proof of documents. Para 7 makes it clear that endorsement file by the Court Master of exhibit number, on a document is 'admission in evidence' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot one. They are respectively the second and third stages. (13) Admission of a document in evidence is not to be confused with proof of a document. (14) When the Court is called upon to examine the admissibility of a document it concentrates only on the document. When called upon to form a judicial opinion whether a document has been proved, disproved or not proved the Court would look not at the document alone or only at the statement of the witness standing in the box; it would take into consideration probabilities of the case as emerging from the whole record. It could not have been intendment of any law, rule or practice direction to expect the Court applying its judicial mind to the entire record of the case, each lime a document ..... X X X X Extracts X X X X X X X X Extracts X X X X
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