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SANJEEV PRAKASH SHARMA
Ram Singh – Appellant
Versus
Anguri – Respondent
JUDGMENT
1. Learned counsel for the petitioners submits that he moved an application under Order 8 Rule 1 A (3) of the Civil Procedure Code, 1908 as well as an application under Section 65 of the Indian Evidence Act, 1872 to take on record secondary evidence.
2. Learned counsel submits that both the applications have been rejected by the court wrongfully. Learned counsel submits that relevance of the document and whether it is duly registered or not would have been only considered after the same is taken on record. Therefore, the application under Order 8 Rule 1 A (3) has wrongfully been dismissed.
3. Learned counsel further submits that the application moved under section 65 of the Indian Evidence Act for treating the said documents as a secondary piece of evidence has also been wrongfully rejected. Petitioner had come out specifically with the case that he had misplaced the original agreement and therefore he produced photocopy of the original.
I have considered the submissions.
4. This court finds that while passing the order dated 27.01.2021, the Trial Court has taken into consideration the reply filed by the plaintiff-non applicant who has submitted that they had never entered into
A photocopy of a document cannot be admitted as secondary evidence without satisfying the preconditions set forth in Section 66 of the Indian Evidence Act, including proof of the original's loss or a....
A document required to be registered is not admissible into evidence under Section 49 of Registration Act.
Secondary evidence – Permitting a party to lead secondary evidence is exception and not rule.
Secondary evidence must be of a document which is admissible in evidence.
The permission to lead secondary evidence under Section 65 of the Indian Evidence Act is contingent upon establishing the circumstances contributing to the non-production of the original document.
The main legal point established in the judgment is that permission to seek under Section 65 of the Indian Evidence Act, 1872 is concomitant upon the party establishing the circumstances or contingen....
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....
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