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JAYASINGHE V LEELAWATHIE AND OTHERS
"], ["2021 0 Supreme(Ker) 817"], ["2026 Supreme(Online)(Tel) 2405"].JAYASINGHE V LEELAWATHIE AND OTHERS
"].The purpose of marking documents during cross-examination should be limited to relevant facts, such as establishing possession, signatures, or collateral facts, and not for introducing new evidence without proper procedure ["2025 Supreme(Online)(Tel) 65192"], ["2019 0 Supreme(Mad) 130"].
Analysis and Conclusion:
JAYASINGHE V LEELAWATHIE AND OTHERS
"].References:- ["
JAYASINGHE V LEELAWATHIE AND OTHERS
"]- ["2021 0 Supreme(Ker) 817"]- ["2026 Supreme(Online)(Tel) 2405"]- ["2022 0 Supreme(AP) 1434"]- ["2023 0 Supreme(AP) 1394"]- ["2025 Supreme(Online)(Tel) 65192"]- ["2019 0 Supreme(Mad) 130"]
In the high-stakes world of litigation, unexpected events like the death of a key witness—such as the plaintiff—can disrupt proceedings. Imagine this scenario: the plaintiff has marked a crucial document as an exhibit during their , but passes away before the defense gets a chance for . The burning question arises: if plaintiff marked a document and thereafter died before cross examination, is it can be marked again?
This issue touches on fundamental principles of , , and . While marking a document is a routine step, its proof and hinge on more than just that initial act. In this post, we'll break down the legal landscape, drawing from key judgments and procedural norms to provide clarity. Note that this is general information based on precedents and should not be taken as specific legal advice—consult a qualified lawyer for your case.
Marking a document as an exhibit is primarily a procedural step to identify and reference it during trial. It does not, by itself, prove the document's contents or authenticity. As clarified in legal precedents, mere marking of an exhibit does not dispense with proof in evidence and the and proof of contents depend on proper examination and evidence by competent witnesses 1971 0 Supreme(SC) 255.
For instance, documents can be marked during to contradict a witness, but only if relevant and not used as a 'license to mark any document' 2025 Supreme(SRI)(SC) 9995.
is a cornerstone of , allowing the opposing party to test evidence. If the plaintiff (as PW1) dies after marking a document but before , does this doom the document? Courts have consistently held no—the evidence isn't wholly rejected.
Key ruling: If a witness dies after chief examination but before , the evidence cannot be wholly rejected, and the court should seek corroboration or re-mark the document 2021 0 Supreme(Ker) 817. The right to is vital, but its denial due to death doesn't invalidate prior steps outright. Instead, courts look for:
In one case, when witnesses were absent for , the court rejected a recall application but noted procedural lapses 2025 0 Supreme(Kar) 2682. This underscores that death isn't an automatic bar but triggers judicial scrutiny.
The short answer is yes, generally, the document can be re-marked, subject to court permission and proper procedure. Courts recognize marking as flexible when done in good faith.
Supporting case law emphasizes: marking a document is a procedural step, and the or proof of its contents depends on subsequent examination and proof by competent witnesses 1971 0 Supreme(SC) 255. Even if the original witness dies, another witness with knowledge can prove it.
Related examples from precedents:- Documents marked in of a witness who later needs recall can be upheld if admitted 2025 Supreme(Online)(Tel) 38644.- Photocopies confronted during and admitted can lead to marking, even if issues arise 2022 Supreme(Online)(Ker) 71974.
Parties can't unilaterally re-mark; court approval is essential. Here's a step-by-step guide based on practices:
.
Courts have allowed reception of document lists post-issues, even through opponents, enabling 2012 0 Supreme(Gau) 959. In recall scenarios, opportunities are granted if no lacuna-filling intent, especially under 2020 0 Supreme(Mad) 1475.
Not every case permits re-marking. Courts guard against abuse:
In insurance claims, insurers couldn't mark new docs in appeals without cross-opportunities, highlighting procedural bounds 2013 0 Supreme(Mad) 15.
To navigate this:
Exhibits marked through plaintiffs in cross-exam (e.g., sale deeds) have been upheld if identified
.
In summary, if a plaintiff marks a document and dies before , courts generally allow re-marking to uphold justice, provided procedural norms and relevance are met 2021 0 Supreme(Ker) 817 1971 0 Supreme(SC) 255. This balances fairness with evidence integrity.
Key Takeaways:- Marking ≠ Proof; always prove contents.- Death doesn't invalidate; seek re-marking via court.- Discretion rules—relevance and no prejudice key.
This reflects evolving judicial trends favoring flexibility. For tailored advice, engage a legal expert, as outcomes vary by facts and jurisdiction.
References: Key cases include 2021 0 Supreme(Ker) 817, 1971 0 Supreme(SC) 255, 2003 7 Supreme 664, with supporting insights from 2025 0 Supreme(Kar) 2682, 2025 Supreme(SRI)(SC) 9995, 2025 Supreme(Online)(Tel) 38644, 2022 Supreme(Online)(Ker) 71974, 2024 0 Supreme(AP) 280, 2020 0 Supreme(Mad) 1475, 2012 0 Supreme(Gau) 959,
, 2013 0 Supreme(Mad) 15. #EvidenceLaw #CourtProcedure #LegalInsights
Thereafter the 1st defendant gave evidence and also called two witnesses Podinona and Jayasena, who is the brother of the plaintiff and the 1st defendant. When Jayasena was under cross - examination, the counsel for the plaintiff sought to mark the document "P10" through the witness. ... When a witness for the defendant was under cross examination, the plaintiff sought to mark a certain #HL_....
Then comes the question what would be the legal position when the witness died after the chief examination, but before cross-examination or before completion of cross-examination. It was held by the Apex Court in Satnam Singh v. ... The court must be so cautious while rejecting the entire version given in chief examination, when the witness died before cross- examination. A different criteria can be applied when #H....
Hence their cross examination was taken as nil, and thereafter, when the case was posted for judgment, the plaintiff filed an application to recall PW2 and PW3 for tendering them for cross examination. The said application came to be rejected by the trial Court. ... Further, the matter was adjourned for cross-examination of PW.2 and PW.3, and on that day, PW2 and PW3 remained absent. 20. The trial Court has taken the cross-#HL_START....
It was observed that before proceeding with cross-examination of P.W.1 through whom the said document was marked, defendant No.1 raised objection about marking of Ex.A.1 and hence, the document was not put to scrutiny in the cross- examination nor was it used by parties. ... The document was marked as Ex.A.1 during the chief- examination of P.W.1 and immediately thereafter, an objection has been r....
According to the proviso to section 175(2), unlisted documents can be marked during the cross-examination of witnesses. However, this should not be considered as a licence to mark any document through cross- examination. ... Documents can only be marked during the cross- examination to contradict the testimony of the witness. A document can be marked if the witness is the author....
The suit was posted to 11.12.2019 for cross-examination of plaintiff as PW1. After filing of chief affidavit of PW1, while affirming the said affidavit as evidence, the trial Court marked exhibits A1 to A48 on 16.10.2019. ... The document was marked on 16.10.2019. The suit was posted to 13.11.2019 for cross-examination of PW1. As the counsel for the defendants was absent on that day, the suit was posted to 04.12.2019 and as the counsel was again abse....
It is relevant that the document had been marked in the presence of the learned counsel appearing for the petitioner/defendant at the stage of evidence and the learned counsel had not taken any objection at the relevant point of time. The document also forms the part of cross-examination of PW1. ... The Trial Court also held that the petitioner/defendant further confronted Ex.P5 to PW1 during cross- examination and had hence accepted the admissibility of the #HL_START....
It is relevant that the document had been marked in the presence of the learned counsel appearing for the petitioner/defendant at the stage of evidence and the learned counsel had not taken any objection at the relevant point of time. The document also forms the part of cross-examination of PW1. ... The Trial Court also held that the petitioner/defendant further confronted Ex.P5 to PW1 during cross- examination and had hence accepted the admissibility of the #HL_START....
When PW4 was examined in this case, Ext.B2 got marked in the similar way of marking Ext.B1 during cross-examination of PW3. It was thereafter I.A.No.10/2020 was filed to recall PW4. ... Here, photocopy of the document not produced by the defendant as secondary evidence. At the time of cross-examination of PW3, who alleged to have signed in another agreement as a witness, was confronted with the photocopy of the document and on his admission, the same....
At the time of examination of the plaintiff as P.W.1, Exchange Deed dated 28.01.1989 is sought to be marked as Ex.A1. ... At the time of examination of the plaintiff as P.W.1, when Exchange Deed dated 28.01.1989 was sought to be marked as Ex.A1, on the objection of counsel for respondents/defendants, the trial Judge rejected the request of petitioner/plaintiff to mark the said document as Ex.A1, by the impugned Docket Order ... thes....
Therefore, court is of the view that there is no basis for apprehension of the respondents. During cross-examination, if any document is shown to the witness and the witness admitted the same, then only the said document can be marked. The learned counsel for the respondents has submitted that during cross-examination, the petitioner may mark the documents and by the same, he may fill up the lacuna.
With regard to exhibits, it is to be noticed that of the 19 exhibits marked on behalf of plaintiff, 10 exhibits, namely Exs.P.3 to P.7, Exs.P.9 to P.12 and Ex.P.14 are exhibits series. Likewise, it is also necessary to notice that out of the seven documents marked on the side of defendant, one document, i.e. Ex.D.1 was marked through plaintiff (obviously in cross- examination of PW-1).
The insurance company cannot mark the documents before this Court, since the Court is an Appellate authority. If the said documents are marked before this Court, cross examination is absolutely necessary and that cannot be done before the appellate Court. The learned counsel further argued that the case has already been referred to the CBI, but no findings have been given so far. In order to evade payment of compensation, the insurance company has taken this unnecessary step without any valid grounds.
In such a circumstances I am of the view that the petitioner herein has made out a case for reception of the list of documents. Even if the said document is marked through the 2nd defendant, it is open to the first respondent-plaintiff to cross-examine him regarding the said document.
12. Ex. D1 is the sale deed of the suit property executed by the plaintiff in favour of Smt. Lingamma, mother of defendants 1 to 4. Said document has been marked in the cross-examination of the Plaintiff PW1. He has identified the signatures of the scribe and the attestors to the said document. PW1 has admitted that Ex. D1 was executed by him in favour of the mother of defendants 1 to 4 in respect of the suit vacant site.
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