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S. VAIDYANATHAN, R. KALAIMATHI
B. S. Krishnan – Appellant
Versus
Peevees Exim Company Pvt. Ltd. , Kerala – Respondent
JUDGMENT
(Prayer: Appeal filed under Order XXXVI Rule 9 of Madras High Court Original Side Rules R/W. Clause 15 of Letters Patent Act, against the Order dated 06.01.2023 in C.S.No.290 of 2004.)
1. The appellant / 1st defendant has preferred this appeal against the order dated 06.01.2023 passed in C.S.No.290 of 2004.
2. Heard both sides and the relevant records are perused.
3. It appears that PW1 has been examined in chief and Exs.P1 to P20 have been marked and the case was adjourned to 20.10.2022 and meanwhile, the memo in question was filed for the hearing on 14.11.2022. Based on the said memo, the following order was passed by the learned Single Judge of this Court on 06.01.2023: The below said order is sought to be asailed by the 1st defendant.
''''That the documents produced before this Court be and are hereby directed to be received in evidence subject to proof, relevancy and admissibility.
2. That the plaintiff herein be and is hereby required to explain why he could not produce the primary documents.
3. That the C.S.No.290 of 2004 be and is hereby referred back to the learned Master-I, for resumption of trial on 07.02.2023.''
The main legal point established in the judgment is that under Order VII Rule 14(3) CPC, the plaintiff can introduce documents at a later stage with the permission of the court, even if they were not....
Secondary evidence cannot be admitted without establishing the existence and non-production of original documents as required by Section 65 of the Indian Evidence Act.
The necessity to prove the existence and execution of the original document before admitting secondary evidence under Section 65 of the Indian Evidence Act, 1872.
Secondary evidence is admissible only when a factual foundation for the non-production of original documents is established, and the trial court must provide a reasoned order for its decisions.
The admissibility of secondary evidence under Section 65 of the Indian Evidence Act, 1872 is contingent upon the non-production of the original document by the party against whom it is sought to be p....
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