Alwis vs Rafenstein – sllr 2004 volume 3 page 102

In ALWIS v RAFENSTEIN, the court examined whether documentary evidence may be introduced for the first time during re-examination without prior cross-examination on those matters, and whether refusal to postpone a trial due to a witness’s absence is procedurally correct. The court determined that such introduction of documents during re-examination is not permissible under section 153 of the Civil Procedure Code unless the witness was previously cross-examined on their contents. Application for postponement was properly refused in view of the trial judge’s discretionary power and absence of procedural irregularity. The decision emphasizes strict compliance with procedural safeguards in evidentiary matters, reinforcing principles of fairness and effective trial management under the Civil Pr

REF: sllr 2004 volume 3 page 102 Category: Tag:
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