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NYAPATHY VIJAY
Palakurthi Raja Gopala Rao – Appellant
Versus
Chaluvadi Krishna Prasada Rao – Respondent
JUDGMENT
1. This civil revision petition is filed questioning the order dated 26.09.2022 in IA No.379 of 2022 in OS No.362 of 2021 passed by the I Additional Junior Civil Judge, Machilipatnam, Krishna District.
2. Petitioner is the plaintiff. The suit OS No.372 of 2021 was filed for recovery of an amount of Rs.4,82,660/-. The basis for the claim was that the plaintiff was doing business in Shop Bearing No.11/468-469 under the name and style of Sri Radha Krishna General Stores and was selling Paints of different companies. The respondent had approached the petitioner/plaintiff and they had entered into a business transfer agreement on 28.03.2018 and accordingly the business of the petitioner was transferred to respondent/defendant for a period of 5 years i.e., from 01.04.2018 to 31.03.2023 under a lease agreement dated 28.03.2018. Though the respondent/defendant had taken the property in terms of the agreement dated 28.03.2018, the respondent failed to make balance payment in terms of their agreement. As on the date of suit, Rs.2,81,598/- is payable by the respondent. Since the amount is not being paid, the suit was filed.
3. In the course of the suit, the petitioner filed IA No.379 of
Admissibility of secondary evidence should be provisionally recognized at the trial stage, with objections resolved at final judgment to expedite proceedings.
Trial courts must prioritize efficient proceedings, allowing tentative admission of evidence in cases of lost originals, as stipulated under Section 65(c) of the Evidence Act.
A party must provide credible evidence of a document's loss to admit secondary evidence under Section 65(c) of the Indian Evidence Act, and inconsistencies in claims can undermine this request.
Secondary evidence under Sections 65-B and 65-C of the Indian Evidence Act requires proof of loss or unavailability of original documents; mere marking of documents does not equate to their proof.
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