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RAVI MALIMATH, VISHAL MISHRA
Laxmi Bai Suryawanshi (Smt. ) – Appellant
Versus
Mohan Goud – Respondent
ORDER
1. Aggrieved by the order dated 1.11.2023 passed by 24th District Judge, Commercial Court, Jabalpur in Civil Suit No.36-B of 2023, dismissing the application preferred by the defendants-petitioners under section 65 of the Evidence Act, 1872, present petition under Article 227 of the Constitution has been filed.
2. It is the case of the petitioners-defendants that the respondent-plaintiff has filed a Civil Suit claiming a decree for recovery of a sum of Rs.6,99,28,943.30 along with interest @ 24% per annum. The written statement was filed. Thereafter, the petitioners filed an application under Order 11 rule 12 and 14 of CPC for production and discovery of the documents i.e. original unregistered agreement dated 14.8.2018 which was in possession of the respondent. Response to the application was filed denying to produce the said document and the application was disposed off vide order dated 6.10.2023.
3. It is argued that the respondent has not denied the execution of the said document, therefore, an application under section 65 of the Evidence Act, 1872 was filed before the trial Court asking for a prayer to consider the aforesaid document as secondary evidence. The photocopy o
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....
A document required to be registered is not admissible into evidence under Section 49 of Registration Act.
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.
The admissibility of documents must be established before allowing secondary evidence, as per the provisions of the Evidence Act and relevant case law.
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....
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