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PRAKASH GUPTA
Sajjan Devi Kothari – Appellant
Versus
Nagar Sudhar Nyas – Respondent
ORDER
Prakash Gupta, J. - This writ petition under Article 227 of the Constitution of India has been filed by the petitioner-plaintiff (for short, 'the plaintiff) against the order dated 13.8.2019 passed by the Trial Court in Civil Suit No. 28/20213, whereby the application filed by the respondents-defendant No.3 (for short, 'the defendant) under Order 8 Rule 1 (3) readwith Section 151 CPC and Section 65 of the Evidence Act have been allowed and the documents submitted by the defendant as secondary evidence have been taken on record.
2. Facts of the case are that the plaintiff filed a suit seeking declaration for cancellation of lease deed. The defendants filed their written statement. Necessary issues were framed. The defendant no.3 filed two applications : (i) under Section 8 Rule 1(3) readwith Section 151 CPC for taking the documents on record; and (ii) under Section 65 of the Evidence Act for producing secondary evidence in respect of agreement dated 24.5.1989, order dated 21.5.2003 and agreement dated 15.2.2013. The plaintiff filed reply of both the applications. The Trial Court vide its order dated 13.8.2019 allowed both the applications of the defendant subject to payment of c
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 – Permitting a party to lead secondary evidence is exception and not rule.
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....
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.
A copy of a document that is insufficiently stamped cannot be admitted as secondary evidence, as the original document's inadmissibility extends to its copy.
Secondary evidence requires proof of the original document's non-production; a party must establish a foundation in pleadings for its admissibility.
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