Spoken before Lawsuit is brought
• Not merely before the commencement of legal proceedings, but before even the existence of any actual controversy, concerning the subject matter of the declarations. • Brought before suit, before controversy moved. • At the time when declarant had no motive to distort the truth. Brought before suit, before controversy instituted. Also, before the controversy arose.
A document, statement, testimonial- shown as evidence must be produced before the court before the case or the controversy took place.
The condition of 'ante litem motam' involves the idea that the dispute, if any, on the former occasion must not be the same in substance as the dispute in the later suit. The expression used in one of the cases is that the statement now sought to be used will not be excluded if it is merely related to some matter foreign or collateral to the matter in controversy on the former occasion.
The first appellate Court, namely, the District and Sessions Court, Coimbatore, sent the disputed signature to the handwriting expert for getting his opinion. The plaintiff was mandated to furnish before the appellate Court the authentic ante litem motam writings as well as his signatures for comparing the writings as well as signature in the Vardhamana Letter. If for any reason, the writings of the plaintiff could not be furnished, at least former signature of the plaintiff must be furnished to the Court for comparison. Bearing, at the cost of both the plaintiff and the defendants.
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