A photocopy of a document is inadmissible as secondary evidence unless the foundational requirements and legal criteria under Sections 63 and 65 of the Evidence Act are strictly satisfied.

ORDER

This application has been filed to Receive the document namely Photo

copy of Letter dated 26/07/2023.

2. The averments in support of the application is that since the applicant’s

house was under renovation, this document could not be located and in order to prove the actual nature of transaction between petitioner and respondent, this document is necessary and on that basis, the applicant seeks permission to receive

the Photo copy of Letter dated 26/07/2023.

3.This Court is not inclined to grant the relief sought. What is admittedly

sought to be received is only a xerox copy. In the absence of a proper case made out for reception of secondary evidence, xerox copy cannot be received as additional document merely on request. The affidavit does not set out the necessary particulars for bringing the case within sections 63 and 65 of the Evidence Act. A mere xerox copy of a document cannot be admitted as secondary evidence in the absence of foundational proof satisfying Sections 63 and 65 of the Evidence Act. [ H. Siddiqui v. A. Ramalingam , (2011) 4 SCC 240] Therefore, the prayer to receive the said the photocopy as additional

document cannot be entertained.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/09/2026 05:36:08 pm )

A. No. 6114 of 2025

4.Accordingly, the application stands dismissed. No costs.