ORDER

Aggrieved by the order passed on I.A.No.X filed under Section 65 of Indian Evidence Act, 1872 (for short, 'the Act') and I.A.No.14 filed under Section 63 read with Section 65 of the Act, passed in O.S.No.51/2017 (Order on I.A.No.X is dated 22.08.2023 and Order on I.A.No.14 is dated 11.01.2024) passed by I Additional Civil Judge (Jr.Dn.) and JMFC at Bhadravathi Court, defendant No.1 therein has preferred this writ petition.

2. Defendant No.1 in the original suit, while leading his evidence has failed to mark photocopies of documents pertaining to sale deed, GPA and conversion order. In this regard, plaintiff has filed I.A.No.X stating that he does not have the required original documents and he may be permitted to mark photocopies. The same was dismissed by the trial Court on the ground that documents stated to be marked are public documents and defendant No.1 can always obtain the certified copies and mark the same. Upon dismissal of I.A.No.X, defendant No.1 before the trial Court has filed I.A.No.14 wherein, he has stated that certain photocopies of certain documents were received by him from his vendor at the time of purchasing the property and he wanted to mark the same to prove the documents received by him. On the ground that the said documents sought to be marked by him are the same documents, which are sought for marking in I.A.No.X the trial Court has rejected the said application. Aggrieved by the same, the present writ petition is filed.

3. According to Section 64 of the Act, the documents must be proved by primary evidence except where secondary evidence is admissible. Section 65 of the Act, states that cases in which secondary evidence relating to documents may be given, which reads as under:

65. Cases in which secondary evidence relating to documents may be given.___ Secondary evidence may be given of the existence, condition, or contents of a document in the following cases:-

(a) When the original is shown or appears to be in the possession or power__ of the persons against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in section 66, such person does not produce it;

(b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;

(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;

(d) when the original is of such a nature as not to be easily movable;

(e) when the original is a public document within the meaning of section 74;

(f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in [India] to be given in evidence;

(g) when the originals consists of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection.

In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible.

In case (b), the written admission is admissible.

In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible/

In case(g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.

4. Further Section 63 of the Indian Evidence Act, 1872 defines secondary evidence as follows:

63. Secondary evidence.___ Secondary evidence means and includes____

(1) certified copies given under the provisions hereinafter contained;

(2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;

(3) copies made from or compared with the or