Proof of facts by oral evidence:
All facts, except the contents of documents or electronic records, may be proved by oral evidence.
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Oral evidence means the statements of witnesses before the court. According to Section 59 all facts except the contents of document including electronic records may be proved by oral evidence. It is cardinal principle that where documentary evidence is available it shall be produced as being it is the best evidence. Oral evidence includes “all statements which the court permits or requires to be made before it by witnesses in relation to matters of facts under inquiry.”
Proof of facts by-oral evidence:
Oral evidence does not always mean that the words spoken must come out from lips of the witness. There are other methods of communicating thought provided the courts permit. A statement may be made by signs when the witness is unable to speak, “a deaf-mute may testify by signs, by writing or through interpreter.” In an election petition it was alleged that the votes were solicited on caste basis, it was held that the statement of the petition was not correct without substantive evidence. When the entire case is based on construction of insurance policy the question of adduction of any oral evidence would be irrelevant.