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SUJIT NARAYAN PRASAD
Meena Kumari Sinha – Appellant
Versus
Maruti Suzuki India Ltd. – Respondent
JUDGMENT
Prayer
The plaintiff/petitioner has filed this petition under Article 227 of the Constitution of India challenging the order dated 22.12.2022 passed by learned Addl. Civil Judge (Jr. Div.)-XXII, Ranchi in O.S. No.2285 of 2019, whereby and whereunder the petition filed under Section 65 of the Indian Evidence Act for accepting the photocopies of the bank drafts and money receipts by way of secondary evidence in the suit has been rejected on the ground that the plaintiff has failed to prove their genuineness as the plaintiff could not produce any certification from the Bank from where items were issued.
Submission on behalf of the learned counsel for the petitioner
2. Mr. Amar Kumar Sinha, learned counsel appearing for the plaintiff/petitioner, has submitted that the reason of rejection of the petition dated 20.12.2022 which has been filed under Section 65 of the Indian Evidence Act is absolutely improper reason being that the said petition has been rejected on the ground of no certification from the bank made available in the documents (bank drafts and the money receipts).
3. It has been contended that the petition dated 20.12.2022 was not filed under Section 65-B of the Ind
Secondary evidence – Photocopies of bank drafts and money receipts come within purview of Section 65 of Evidence Act, 1872.
The rejection of a petition for secondary evidence based on a misconception of applicable legal provisions constitutes an error apparent on the face of the record, warranting correction under Article....
Secondary evidence – Permitting a party to lead secondary evidence is exception and not rule.
The main legal point established in the judgment is that the disclosure of the source of obtaining a document and the name of the person who got the photocopy of the document prepared is not a mandat....
Secondary evidence under Sections 65-B and 65-C of the Indian Evidence Act requires proof of loss or unavailability of original documents; mere marking of documents does not equate to their proof.
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