Mode of proof objections are waived if not raised when the document is admitted in evidence.

An objection limited to the mode of proof of a certified copy of a sale deed must be taken when the document is tendered and before it is admitted in evidence. If a document is otherwise admissible and is marked without objection, the right to insist on formal proof is waived, and the objection cannot be raised for the first time in appeal. The rule protects the party producing the document from prejudice, since any defect could have been cured by regular proof at the trial stage. On these facts, the certified copy remained usable in evidence and the challenge to title failed on that ground.

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Issues: Whether an objection to the mode of proof of a certified copy of a sale deed could be raised for the first time in appeal when no objection was taken at the time the document was marked and admitted in evidence.

Analysis: The objection in the case did not go to the inherent admissibility of the certified copy, but only to the regularity and sufficiency of the mode of proof. Such objections are procedural in nature and must be taken when the evidence is tendered, before the document is admitted and marked as an exhibit. Once the document is admitted without objection, the party entitled to object is treated as having waived the requirement of formal proof. The rule prevents prejudice to the party producing the document, who may otherwise have cured the defect by leading regular proof. The Court also noted that the certified copy of the sale deed had been accepted in evidence without objection and the execution of the connected gift deed was also not challenged.

Conclusion: The objection to the mode of proof was waived and could not be entertained at the appellate stage. The certified copy remained usable in evidence, and the respondent's title was not disproved on that ground.

Ratio Decidendi: Where a document is otherwise admissible and the objection relates only to the mode of proof, failure to object at the time of tendering the evidence amounts to waiver, and such objection cannot be raised for the first time in appeal.

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