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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SARATH
Dodla Swamy Reddy – Appellant
Versus
Dodla Bal Reddy – Respondent
| Table of Content |
|---|
| 1. petition filed under article 227 (Para 1 , 2) |
| 2. background of the suit and parties involved (Para 3 , 4) |
| 3. contentions about the will deed execution (Para 5 , 6) |
| 4. arguments related to secondary evidence application (Para 7 , 8) |
| 5. court's perspective on trial court's refusal (Para 9 , 10) |
| 6. clarification on ror proceedings (Para 11 , 12) |
| 7. court's technical reasoning (Para 13 , 14 , 15) |
| 8. incorporation of prior judgments and principles (Para 16 , 17) |
| 9. final ruling on civil revision petition (Para 18 , 19) |
| 10. dismissal of miscellaneous petitions (Para 20) |
ORDER :
K.Sarath, J.
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India questioning the order dated 20.03.2024 passed in I.A.No.135 of 2023 in O.S.No.32 of 2014 on the file of Senior Civil Judge, Nagarkurnool, whereby the petition filed by the petitioner/petitioner under Section 63 and 65 of the Indian EVIDENCE ACT , to receive certified copy of registered will deed No.21/1985, dated 13.09.1985 and the Orders passed by the Joint Collector, Mahabubnagar in Revision Petition No.D1/2/1999 dated 12.01.2009 as secondary evidence, was dismissed.
2. Heard Sri M.Damodar Reddy, learned Co
Secondary evidence may be admissible when the original document is lost or misplaced, provided sufficient justification for its non-production is established.
The trial court erred by allowing secondary evidence regarding the Will without sufficient pleadings and at a late stage of litigation.
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....
Photocopies cannot be admitted as secondary evidence under Section 60(c) of the Bharatiya Sakshya Adhiniyam without satisfying strict legal requirements, including proof of loss of originals.
The best evidence available should be produced before resorting to secondary evidence.
Secondary evidence requires cogent evidence of document loss; mere assertions do not suffice under Section 65 of the Indian Evidence Act.
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....
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