Back
ALKA SARIN
Deputy alias Deputy Sahib – Appellant
Versus
Ashok Kumar – Respondent
| Table of Content |
|---|
| 1. order allowing secondary evidence in court. (Para 1) |
| 2. arguments about validity of secondary evidence application. (Para 2 , 3) |
| 3. court analysis on the application of secondary evidence. (Para 4 , 5) |
| 4. dismissal of revision petition. (Para 6) |
JUDGMENT :
Alka Sarin, J.
Challenge in the present revision petition is to the order dated 27.05.2022 passed by the Additional Civil Judge (Sr. Division), Nakodar whereby application filed by the defendant-respondent No.1 for leading secondary evidence has been allowed.
2. Learned counsel for the plaintiff-petitioner would contend that application filed by the defendant-respondent No.1 could not have been allowed since beneficiaries of the Will have already been examined and cross-examined.
3. Per contra learned counsel for the defendant-respondent No.1 has pointed out that after filing the present revision petition, since there was no stay operating, secondary evidence stands allowed and now the evidence of the defendant-respondent No.1 has been closed by order. It is further the contention that evidence of the defendant-respondent No.1 was going on when the application for leading secondary evidence was filed in accordance with
Secondary evidence regarding a lost Will is admissible under Section 65 of the Evidence Act when the original cannot be produced, provided the conditions are met.
The best evidence available should be produced before resorting to secondary evidence.
Will - Proof of documents by primary evidence.—Documents must be proved by primary evidence except When the original is shown or appears to be in the possession or power— of the person against whom t....
A party seeking to introduce secondary evidence must establish a proper foundation regarding the original document's possession and the reasons for its non-production, as mandated by Section 65 of th....
It is a settled position of law that for secondary evidence to be admitted foundational evidence has to be given being reasons as to why original Evidence has not been furnished.
Civil Law – Secondary Evidence – Reliability of - A party to lis may choose to file an application which is required to be considered by trial court but if any party to suit has laid foundation of le....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
