A.No.280 of 2021 in C.S.No.357 of 2007

A.No.280 of 2021

in C.S.No.357 of 2007

C.V.KARTHIKEYAN J,

The plaintiff was invited to lead exparte evidence. At that time,

the plaintiff realized that they were in possession of only xerox copies of

the documents. They were under the impression that the originals had

been filed in Court. But the originals had not been filed in Court.

2. In the affidavit filed in support of the present application, the

plaintiff stated that they have now found out that the originals are neither

in their custody nor in the custody of their counsels. It is under these

circumstances, the present application has been filed seeking permission

to mark the xerox copies of the documents.

3. Even if permission is granted to file the xerox copies and mark

them as exhibits, granting exhibits numbers would not automatically

deemed that the documents have been proved in manner known to law or

that they have been declared to be admissible.

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A.No.280 of 2021 in C.S.No.357 of 2007

C.V.KARTHIKEYAN.J,

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4. Necessary reasons will have to be given during the course of

marking the documents as to the facts of the originals, as to the searches

made, as to the relevancy and also that the xerox copies now produced

are true copies of the originals.

5. Marking of the documents by the plaintiff is permitted.

However, the documents would be considered during the course of

arguments only if acceptable and agreeable reasons had been advanced

for not producing the originals.

6. With these observations, this application is allowed.

08.02.2021

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A.No.280 of 2021

in C.S.No.357 of 2007

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