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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
M. D. Choksey Construction Co. Pvt. Ltd. – Appellant
Versus
Babubhai Mohanlal Choksey, (deleted since deceased) through Mrs. Ramaben B. Choksey – Respondent
ORDER :
N. J. JAMADAR, J.
1. This petition under Article 227 of the Constitution of India assails an order dated 11th November, 2025 whereby the learned Judge, City Civil Court admitted the documents in evidence, and a subsequent order dated 15th November, 2025 in Miscellaneous Application No. 226/2025 whereby the said application preferred by the petitioners/original defendants for review of the first order dated 11th November, 2025, came to be dismissed.
2. Mr. Surel Shah, the learned Senior Advocate for the petitioners submitted that, the learned Judge, City Civil Court admitted the documents in evidence, by way of secondary evidence, though no foundation was laid in the affidavit in lieu of examination-in-chief of the plaintiffs witness (PW No. 1). In the process the learned Judge, unjustifiably ignored the glaring inconsistencies in the case of the plaintiffs in regard to the proper custody of the documents, and whether the documents qualified as secondary evidence. Mr. Shah would urge, though a notice under Section 66 of the Indian Evidence Act was given to the defendants, yet, no effective opportunity to respond to the said notice was provided to the defendants and the docume
Admission of documents in evidence does not equate to their proof, and litigants retain the right to contest the validity of evidence despite prior admissions.
The admissibility of documents must be established before allowing secondary evidence, as per the provisions of the Evidence Act and relevant case law.
Secondary evidence – In order to produce secondary evidence, foundational evidence for the same has to be led by party who seeks admission of secondary evidence.
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.
There are two stages relating to documents. One is the stage when all the documents on which the parties rely are filed by them in Court. The next stage is when the documents are proved and formally ....
Certified copies of registered deeds are admissible in evidence under the Indian Evidence Act and should be tentatively marked as exhibits without requiring the registering authority's presence for p....
Secondary evidence requires proof of the original document's non-production; a party must establish a foundation in pleadings for its admissibility.
Admissibility of photocopies as secondary evidence under the Evidence Act, 1872 is contingent upon meeting the requirements of Section 63(3) and the need for foundational evidence to authenticate the....
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