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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Vinod Kalia – Appellant
Versus
Bhagwati Public Aushdhalaya through Shri Rattan Chand Kalia – Respondent
| Table of Content |
|---|
| 1. petition challenges rejection of secondary evidence for 1991 rent agreement (Para 1 , 3 , 4) |
| 2. section 65 requires proof of original's loss or possession for secondary evidence (Para 2 , 6 , 7) |
| 3. trial court rejects application lacking affidavit of loss and noting delay (Para 5) |
| 4. no infirmity; petition dismissed without interference (Para 8) |
JUDGMENT :
AJAY MOHAN GOEL, J.
1. By way of this petition, the petitioner has assailed order dated 18.07.2025, passed by learned Senior Civil Judge- II, Dehra, District Kangra, H.P. in CMA No. 1096/24, in terms whereof, an application filed by the petitioner herein, under Section 65 of the Indian Evidence Act (hereinafter referred to as ‘the Evidence Act’) to lead secondary evidence, was dismissed.
2. Having heard learned counsel for the petitioner and having perused the impugned order, this Court is of the considered view that there is no infirmity in the order.
3. The suit between the parties is to the effect that the plaintiff has filed a suit for possession against the present petitioner by way of ejectment from the suit land on the premise that the petitioner is the owner of the premises and the defendant is the tenant. In
Secondary evidence under Section 65 Evidence Act requires proof of original's loss via affidavit from custodian or witness examination; absence thereof with filing delay during evidence stage warrant....
Validation of secondary evidence requires strict adherence to stipulations under Section 65 of the Indian Evidence Act, failing which the application may be quashed.
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....
No application is required to be filed before leading secondary evidence, and the misconception that such application is necessary was condemned by the court.
Secondary evidence – Permitting a party to lead secondary evidence is exception and not rule.
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