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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
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 No.3 and perused the material on record.
4. A perusal of the material on record will indicate that the sole petitioner-plaintiff instituted the aforesaid suits in O.S.No.2914/2017 and O.S.No.2918/2017 for declaration, possession, injunction and other reliefs in relation to the suit schedule immovable properties. The said suit is being contested by the defendants including respondent-defendant No.3 in both the suits, at the stage of final arguments, the petitioner-plaintiff filed application I.A.No.16 under Order VII Rule 14(3) of CP
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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