South India Corporation (Travencore) Private Ltd. v. H. J. Stanley & Sons Ltd., Civ. Case 37-D-60, 14/6/67; Georges, C. J.

South India Corporation (Travencore) Private Ltd. v. H. J. Stanley & Sons Ltd., Civ. Case 37-D-60, 14/6/67; Georges, C. J.

Defendant contracted to sell cashew nuts to plaintiff, and this suit arose out of a dispute as to their quality. Two samples of the nuts were taken and were sent for inspection to a company (General Superintendents) nominated by plaintiff. With respect to one of these samples defendant offered into evidence the original certificates of General Superintendents stating the results of the inspection. With respect to the other sample, the original certificate was not introduced, but defendant offered a letter purporting to state the results of the test.

            Ruled: (1) Neither the certificate nor the letter were admissible as a business entry under section 32 (2) of the Indian Evidence Act. To come within that section, the business entry must deal with matters of fact rather than of expert opinion as did this evidence. (2) The opinion of the expert must be given orally, and a mere certificate by him is not evidence. Citing commentary of Indian Evidence Act, section 45; Ratantal and Dhirajlal Thakore, The Law of Evidence, 14^th Ed., p. 133. (3) The original certificate was, however admissible as an admission by plaintiff. Section 20 of the Indian Evidence Act, which applies to both oral and written statements, provides, “Statement made by persons to whom a party to the suit has

Expressly referred for information in reference to a matter in dispute are admissions. “ (4) The letter constituted secondary evidence of the original certificate and cannot be admitted until a proper foundation has been laid.