Moreover by consent, proof of the document may be dispensed with, but if the document is intrinsically inadmissible in evidence, no amount of consent by any party can confer the status of admissibility upon the said document. If an authority is necessary for this proposition, it is to be found from the judgment of the Madras High Court in Kamulammal Avergal v. Athinkari Sangali Subha Pillai (1918) 35 Mad LJ 11 : AIR 1919 Mad 758 (2). At page 14 (of Mad LJ) : at p. 760 of AIR of the said judgment, the learned Judges state as follows :--
"Mr. Justice Benson and Mr. Justice Sundaram Aiyar after reviewing all the authorities on the question point out in Shri Rajah Pra-kasarayanim Garu v. Venkata Rao (1912) ILR 38 Mad 160 "consent or want of objection to the reception of evidence which it irrelevant cannot make the evidence relevant"."
The ledger book which is sought to be produced becomes relevant only under the provisions of Section 34 of the Evidence Act and if the document does not qualify as relevant document within the contemplation of the said section, then the document is wholly irrelevant and any amount of consent by the plaintiffs would not convert the irrelevancy into relevancy.
Bombay High Court
Zenna Sorabji And Ors. vs Mirabelle Hotel Co. (Pvt.) Ltd. ... on 14 January, 1980
Equivalent citations: AIR 1981 Bom 446
Bench: S Manohar
