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THE HIGH COURT OF KARNATAKA
S VISHWAJITH SHETTY
SRI K P SADASHIVA – Appellant
Versus
SRI K P JAGADISHA – Respondent
| Table of Content |
|---|
| 1. facts relating to the writ petitions and original suits. (Para 3 , 4) |
| 2. arguments regarding the admissibility of evidence. (Para 5 , 6 , 7) |
| 3. court's observations on secondary evidence and amendments. (Para 8 , 9 , 10 , 11) |
| 4. conclusion and order regarding the writ petitions. (Para 12 , 13) |
ORDER :
S. VISHWAJITH SHETTY, J.
1. The point that arises for consideration and the parties to these three writ petitions are common and therefore, with the consent of learned counsels appearing for the parties, the above captioned three writ petitions are heard together and disposed off by this common order.
2. Heard the learned counsel for the parties.
3. WP No.29901/2018 and WP No.30071/2018
These two writ petitions arise out of OS No.202/2015 which is filed by the petitioner in these two writ petitions seeking the relief of specific performance of the agreement for sale dated 20.12.2012. The prayer made in the suit was opposed by the contesting sole defendant by filing written statement.
In the said suit, IA No.2 was filed on behalf of the plaintiff under Section 63 of the Indian Evidence Act read with Rules 82 and 84 of the Karnataka Civil Rules of Practice and Section 151 of
A party seeking to introduce secondary evidence must provide a satisfactory explanation for the absence of primary evidence. Amendments should not change the nature of the suit and must be allowed un....
The main legal point established is the interpretation and application of Section 65 and Section 66 of the Indian Evidence Act 1872 in allowing secondary evidence and the circumstances under which no....
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 of agreements not duly stamped cannot be admitted in court unless the original instrument is produced and corrected as per legal requirements.
The court established that secondary evidence is inadmissible without a foundational explanation for the absence of primary evidence, emphasizing strict adherence to evidentiary rules.
The onus of proving the loss of the original document and the need to evaluate the evidence to establish the existence, validity, and genuineness of the agreement are crucial in allowing secondary ev....
Secondary evidence can only be admitted when original documents are unavailable, and prior notice to produce such documents must comply with Section 66 of the Evidence Act.
Suit for declaration – Unregistered document -Secondary Evidence – Admissibility of - Secondary evidence is an evidence which may be given in the absence of that better evidence which law requires to....
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