PRADEEP NANDRAJOG, J.

( 1 ) A short question arises for consideration, namely whether right to lead secondary evidence under Section 65 of the Indian Evidence Act 1872 pertaining to the contents of a document has to be a 2 stage trial or a composite trial.

( 2 ) SUFFICE would it be to note that pertaining to documentary evidence, primary evidence means the document itself produced for the inspection of the Court. Secondary evidence pertaining to documents includes the copies made from the original by mechanical process. But, secondary evidence pertaining to a document can be led on the conditions specified under Section 65 of the Indian Evidence Act 1872 which require leading evidence pertaining to the existence of the document and thereafter the conditions or contents of the document.

( 3 ) THE document in question is stated to be a will dated 17. 12. 1991. Defendant No. 1 of the suit has staked a claim under the will. He says that the original has disappeared and is not to be found. His application for leading secondary evidence has been allowed.

( 4 ) CONTENTION of the petitioner herein that a trial must be first held to establish that such a will existed and only thereafter

Click Here to Read the rest of this document