When a document is marked subject to proof by the Plaintiff and in cross examination when the Defendant marks a certified

copy of the same document; is it deemed that the document has been proved in terms of the Evidence Ordinance? S 65 (6) when the original is a document of which a certified copy, it is permitted by the ordinance, or by any other law in force in Sri Lanka to be given in evidence. DavoodbhoyVsFarook, Neither the Probate nor the testamentary proceedings in which the will was proved, were produced. Plaintiff relied on a document which establishes only the name of the testator and a serial number occurred in the Testamentary Index of the District Court. Basnayake CJ held; That it is not enough to come under S 65 of the Evidence Ordinance SabaratnamVsKandavanam, Justice Weerasooriya stated that the certified copy of a document would only be secondary evidence of the contents of the Original document. Therefore if the certified copy marked by the Defendant is compared with the Original document court shall accept as proven. Or by calling the witness to prove the execution of the document, which also means proof of the identity of the person who signed as maker and proof that the document was signed in the presence of a notary and two or more witnesses at the time who attested the execution. Ex: S. 62 of the Evidence Ordinance KandasamyVsSinnatamby (1985) 2 SLR 249, Held since the original and duplicate of the deed were not available, Secondary evidence including the protocol was admissible under S.65. However it is not clearly explained as to whether the Protocol of deed kept by the attesting notary an Original document in terms of the Evidence Ordinance. WijewardaneVsEllawala (1991) 2 SLR 14, when a deed has been admitted in evidence, without objection or no issue was raised at the commencement of trial or later of raising the question of due execution under S. 68 of the Evidence Ordinance. *The failure to object to the deed, received in evidence would amount to a waiver of the objection. S.70 of the Evidence Ordinance The admission of a party to an attested document of it s execution by himself, shall be sufficient proof of it s execution ass against him, though it be a document, required by law to be attested