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ALKA SARIN
Charanjeet Singh – Appellant
Versus
Shree Uttam Chand Jagdish Lal Charity Trust – Respondent
JUDGMENT
Alka Sarin, J. (Oral) - This is a revision petition under Article 227 of the Constitution of India impugning the order dated 06.04.2022 passed by the Addl. Civil Judge (Junior Division), Bhiwani whereby the application for secondary evidence filed by the plaintiff-petitioner has been dismissed.
2. The brief facts relevant to the present lis are that the plaintiff- petitioner filed a suit for possession by way of specific performance of agreement to sell dated 04.09.1992. The suit was instituted in the year 2016. During the pendency of the suit, defendant-respondent No.1 filed an application for directing the plaintiff-petitioner to produce the original agreement to sell. However, the agreement to sell was not produced by the plaintiff-petitioner, rather a statement was made on 09.05.2016 that the original agreement to sell dated 04.09.1992 was not traceable and that he would produce the same as and when the same would be traced. Thereafter, the present application was filed for directing the defendant-respondents to produce the original of the agreement to sell and in case of failure to do so the plaintiff-petitioner be permitted to lead secondary evidence. In the applicatio
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....
Secondary evidence requires strict adherence to conditions outlined in Section 65 of the Evidence Act, which were not met in this case.
Secondary evidence is admissible when the non-availability of the original document is properly explained.
Secondary evidence can only be admitted when original documents are unavailable, and prior notice to produce such documents must comply with Section 66 of the Evidence Act.
A party seeking to introduce secondary evidence must provide a satisfactory explanation for the absence of primary evidence. Amendments should not change the nature of the suit and must be allowed un....
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