Law: Evidence Act (I of 1872)

Section: 78

P L D 1956 (W. P.) Karachi 363         Evidence Act (I of 1872), S. 78, sub-clause-Public document in a foreign country-Copy of-When admis4ible.   Section 78, sub-clause 6 of the Evidence Act requires that copy of a public document in a foreign country, should be certified by the legal keeper thereof with a certificate under the seal of a Notary Public, or of a Consul or Diplomatic Agent that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country.   Admissibility of documents-Proper time for raising objection to. Where the objection to be taken is not that the document is in itself inadmissible but that the mode of proof put forward is irregular or insufficient, it is essential that the objection to the admissibility of a document must be taken at the time of its reception, because if objection is taken at the proper time to the reception of certain evidence not being produced in the form prescribed by law, an oppor tunity can be afforded to the party producing such evidence to remedy the defect and satisfy the requirements.   Fauja Singh and others v. Allah Ditta and another A I R 1931 Lah 722 and Gopal Das and another v. Sri Thakurji and others A I R 1943 P. C. 83 relied upon.   Dower-Unpaid-Suit for recovery of-Place for insti tuting.   An unpaid dower is a debt and the legal principle is that the debtor must seek his creditor: Where the defen dant had no fixed place of abode but wandered from K to L and thence to D where he ultimately settled down; whereas the plaintiff permanently resided in K where the suit was instituted.   Held, the Court at K was the proper forum for the suit.   Sm. Tusliman Bibi v. Abdul Latif Mia A I R 1936 Cal.97 referred to.   I will between husband and wife--Wife relinquishing dower in order to retain affection-Iniquitous to hold a woman remitting dower under such circumstances to be bound by it. Where a woman feels that the possible way to win or retain the affection of the husband is to remit the dower amount and foregoes her claim by executing a…