Back
ANIL VERMA
Santosh Chouhan – Appellant
Versus
Yashwant – Respondent
ORDER
Petitioner has preferred this miscellaneous petition under Article 227 of the Constitution of India being aggrieved by the impugned order dated 24.11.2023 passed by the 7th District Judge, Indore in Civil Suit No.1345/2018, whereby an application under Section 65 of the Evidence Act has been dismissed.
2. Brief facts of the case are that the petitioner has filed a civil suit against the respondents/defendants for specific performance of contract, declaration of title and permanent injunction. After completion of the pleadings, trial court has framed the issues and directed both the parties to adduce their evidence. Petitioner/plaintiff at the stage of his evidence, has preferred an application under Section 65 of the Evidence Act to allow plaintiff to bring photocopies of the documents as secondary evidence. After hearing both the parties, trial Court has dismissed the application filed by the petitioner vide order dated 24.11.2023. Being aggrieved by the impugned order, petitioner has preferred this miscellaneous petition.
3. Learned counsel for the petitioner contended that the impugned order passed by the trial Court is contrary to law and facts. Trial court has not consid
Secondary evidence – Permitting a party to lead secondary evidence is exception and not rule.
Admissibility of photocopies as secondary evidence under the Evidence Act, 1872 is contingent upon meeting the requirements of Section 63(3) and the need for foundational evidence to authenticate the....
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 – Photocopies of bank drafts and money receipts come within purview of Section 65 of Evidence Act, 1872.
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....
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.
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
