Section-167 No new trial for improper admission or rejection of evidence

Section-167. No new trial for improper admission or rejection of evidence.

The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the court before which such objection is raised that, independently of to evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.

SCHEDULEEnactments repealed.- [Rep. by the Repealing Act, 1938 (1 of 1938) sec. 2 and Sch.]

Comment-

  • Simply said, this section says that once a trial is completed, the parties to the suit shall not raise objection on the grounds of improper admission or rejection of evidence.
  • The intention is that burden of the civil courts is reduced by not allowing a new trial to open up based on improper admission or rejection of evidence. However, when a question of law arises, the parties always have the chance of appeal at a higher court even when the trial is ongoing. A revision petition can be filed at the superior court.
  • An evidence which may not be strictly admissible, if had been admitted, is not a ground for setting aside the decision of a trial court.
  • An appellant court can study the merits of an appeal of a judgement and either remand the case back to the trial court, or dispose the case.
  • Concurrent findings of a fact cannot be disturbed on the ground that inadmissible evidence was received, when the findings cannot on any reasonable view be regarded as based or dependent upon such evidence.

 

 

 

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