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T. MADHAVI DEVI
Oriental Insurance Company Ltd. – Appellant
Versus
Bharat Heavy Electricals Ltd. – Respondent
ORDER :
T.Madhavi Devi, J.
These two Civil Revision Petitions have been filed against the common and consolidated order passed in I.A.Nos.1498 and 1499 of 2023 in O.S.No.79 of 2018, dated 22.02.2024, on the file of Principal District Judge, Sangareddy District.
2. Brief facts leading to the filing of the present Civil Revision Petitions are that the petitioner herein is the defendant in the suit filed by the respondent plaintiff for recovery of a sum of Rs.5,70,82,068/-, which includes the principal amount of Rs.1,67,86,375/- and interest thereon @ 18% p.a., from the date of registration of claim i.e., 25.11.2004 till the date of filing of suit which amounted to Rs.4,02,95,693/-. The plaintiff has filed two I.As., one under Section 65-B of Indian Evidence Act and the other under Section 65-c of Indian Evidence Act r/w 151 Civil Procedure Code respectively praying the Court to admit the documents which are mentioned in the petition and the Chief affidavit and to permit to mark them as exhibits in O.S.No.79 of 2018. The petitioner/defendant has objected to the same stating that the plaintiff has not proved or stated that the subject documents have been lost forever and therefore, the se
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.
A party must provide credible evidence of a document's loss to admit secondary evidence under Section 65(c) of the Indian Evidence Act, and inconsistencies in claims can undermine this request.
Secondary evidence – Photocopies of bank drafts and money receipts come within purview of Section 65 of Evidence Act, 1872.
A party must comply with notice requirements under Order VII Rule 14(2) of the CPC when seeking to present secondary evidence.
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