Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
Palakurthi Raja Gopala Rao – Appellant
Versus
Chaluvadi Krishna Prasada Rao – Respondent
| Table of Content |
|---|
| 1. petitioner filed for recovery of dues. (Para 1 , 2) |
| 2. request to admit secondary evidence was raised. (Para 3) |
| 3. court emphasizes need for efficient procedure. (Para 4 , 5 , 6 , 7) |
| 4. admissibility of documents decided at final arguments. (Para 8) |
| 5. trial court's order set aside, petition allowed. (Para 9) |
ORDER :
NYAPATHY VIJAY, J.
This Civil Revision Petition is filed questioning the order dated 26.09.2022 in I.A.No.379 of 2022 in O.S.No.362 of 2021 passed by the I Additional Junior Civil Judge, Machilipatnam, Krishna District.
2. Petitioner is the plaintiff. The suit O.S.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 Responde
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.
Admissibility of secondary evidence should be provisionally recognized at the trial stage, with objections resolved at final judgment to expedite proceedings.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
