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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI
K. Jyothi – Appellant
Versus
J. Ram Reddy – Respondent
| Table of Content |
|---|
| 1. parties dispute over the original will and its possession. (Para 2 , 3 , 4) |
| 2. conditions under which secondary evidence is admissible. (Para 5 , 10 , 12 , 14) |
| 3. arguments regarding the lack of foundational facts for secondary evidence. (Para 8 , 9) |
| 4. requirement for laying a foundation for secondary evidence. (Para 15 , 16 , 17) |
ORDER :
G. RADHA RANI, J.
This Civil Revision Petition is filed by the petitioner - respondent - plaintiff aggrieved by the order dated 27.04.2022 passed in I.A.No.477 of 2022 in O.S.No.42 of 2015 by the learned XII Additional Chief Judge, City Civil Court, Secunderabad for allowing the petition filed by respondents - defendants 1 and 2 under Section 65 -A of the Indian Evidence Act, 1872 for receiving the Certified Copy of the Will as secondary evidence.
2. The facts of the case in brief are that the petitioner - plaintiff filed a suit for partition bearing O.S.No.42 of 2015 on the file of the XII Additional Chief Judge, City Civil Court, Secunderabad claiming that the suit schedule properties were the joint family properties. The defendant No.1 was the father of the plaintiff, defendants 3 and 4 are the brother and sister of the plaintiff a
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....
The best evidence available should be produced before resorting to secondary evidence.
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....
Court upheld the use of secondary evidence to prove a will's contents, despite procedural deficiencies, affirming the trial court's discretion.
The trial court erred by allowing secondary evidence regarding the Will without sufficient pleadings and at a late stage of litigation.
Secondary evidence may be admissible when the original document is lost or misplaced, provided sufficient justification for its non-production is established.
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