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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.Krishna Kumar
P. C. Ananda Lakshm – Appellant
Versus
Sudha Rao – Respondent
| Table of Content |
|---|
| 1. common questions of facts and law in hearings. (Para 1 , 2) |
| 2. petitioner filed applications for document admissibility. (Para 3 , 4) |
| 3. initial approvals and challenges to petitioner's applications. (Para 5 , 6 , 7) |
| 4. arguments on evidence admissibility and objections. (Para 8 , 9 , 10) |
| 5. court's observations on secondary evidence requirements. (Para 11 , 12 , 13) |
| 6. guidelines for admitting secondary evidence in court. (Para 14 , 15 , 16 , 17) |
| 7. court's final decisions on document admissibility. (Para 18 , 19 , 20) |
ORDER :
S.R.KRISHNA KUMAR, J.
W.P.Nos.36132/2025 and 36486/2025 arises out of O.S.No.2914/2017 while W.P.Nos.36181/2025 and 36350/2025 arise out of O.S.No.2918/2017. Both the suits having been filed by the common petitioner and the only contesting respondents in the present petitions and on the instant interlocutory applications is respondent No.3-defendant No.3, Sri. Sathish Naidu. Hence, notice to the remaining respondents is dispensed with.
2. Since common questions of facts and law arise for consideration in these writ petitions, they are taken up together for consideration.
3. Heard learned counsel for the petitioner and learned counsel for respondent
Documents presented as secondary evidence must satisfy foundational requirements and cannot be admitted without proper explanation for the non-production of originals.
The main legal point established in the judgment is that the party seeking to admit secondary evidence must establish the non-production of the original document as required under the Indian Evidence....
Secondary evidence requires cogent evidence of document loss; mere assertions do not suffice under Section 65 of the Indian Evidence Act.
The best evidence available should be produced before resorting to secondary evidence.
The court affirmed that reopening evidence to allow the introduction of secondary evidence is permissible when original documents are unavailable, provided the procedural requirements are met.
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