LEGAL PRINCIPLE: EVIDENCE LAW – Visit to Locus in Quo – Discretionary Power of Court
PRINCIPLE STATEMENT
Section 77(d)(ii) of the Evidence Act reads: '(d)(ii) If oral evidence refers to the existence or condition of any material thing other than a document, the court may, if it thinks fit, require the production of such material thing for its inspection, or may inspect or may order or permit a jury to inspect any movable or immovable property, the inspection of which may be material to the proper determination of the question in dispute . . .'
RATIO DECIDENDI (SOURCE)
"Section 77(d)(ii) of the Evidence Act reads: '(d)(ii) If oral evidence refers to the existence or condition of any material thing other than a document, the court may, if it thinks fit, require the production of such material thing for its inspection, or may inspect or may order or permit a jury to inspect any movable or immovable property, the inspection of which may be material to the proper determination of the question in dispute . . .'"
EXPLANATION / SCOPE
The court has discretionary power to inspect property (locus in quo) if material to proper determination. The power is permissive (“may, if it thinks fit”), not mandatory. The court decides whether inspection is necessary based on the evidence. Inspection may assist in understanding oral evidence about existence or condition of property. The court must not use inspection to gather new evidence not presented at trial. The discretion must be exercised judicially. The court should inspect only if it would help resolve a material issue. The parties may be present during inspection. The court’s observations from inspection may be used to evaluate evidence but cannot replace evidence. The appellate court will not interfere unless the trial judge’s decision not to inspect caused injustice.
