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" 27. The prior permission of the Court is required to be taken for producing secondary evidence of the documents on the ground that original documents were lost. To sum up, when anybody wants to lead secondary evidence, two things are required to be proved: there must be evidence of the existence of the original documents, and there must be evidence of their loss."

He also purported to draw attention to that the court had considered that no prior permission to lead secondary evidence had been obtained by the bank and as such, the documents of which secondary evidence was sought to be allowed, could not be read in evidence and were excluded from consideration.

(g) of Section 65 specify some other contingencies wherein secondary evidence relating to a document may be given."

13. In the matter of Rakesh Mohindra Vs. Anita Beri and Ors. this Court has observed as under:-

'15. The preconditions for leading secondary evidence are that such original documents could not be produced by the party relying upon such documents in spite of best efforts, unable to produce the same which is beyond their control. The party sought to produce secondary evidence must establish for the non-production of primary evidence. Unless, it is established that the original documents is lost or destroyed or is being deliberately withheld by the party in respect of that document sought to be used, secondary evidence in respect of that document cannot accepted."'