attesting witnesses provided their names are known holds, although the document is lost or destroyed...where both the documents is lost and the attesting witness ... condition or contents of document in the following cases:
(a)-
(b)-
(c) When the original has been destroyed or lost, or when the party offering
return of in time. The owners of property who have so lost their documents of title will, therefore, be not in a position to deliver ... defendant passed the letter Ex. B-20.
"I lost the registered document of the vacant site. So I took a duplicate copy
establishing to the satisfaction of the trial Court that the documents were either lost or destroyed, the petitioner could be permitted to mark the copies ... even the contention of the petitioner that the documents were lost once and for all or destroyed by the petitioner. In fact, there
execution of the document. Thus, the plaintiff has successfully proved on record that the original document has been lost. Secondary evidence is permissible when ... document, is not required to prove the loss of document in absolute terms. The trial Court while dismissing the application seems to have lost sight
such a document has been executed.
Registration provides safety and security to transactions relating
to immovable property, even if the document is lost or
destroyed ... such a
document has been executed. Registration provides safety and
security to transactions relating to immovable property, even if the
document is lost or destroyed
only in respect of original document. Earlier the Courts have taken a view, that where original document is lost being 30 years old, a copy ... Court said that when a 30 years old document is lost and a certified copy or other copy is produced it can prove the contents
considered, to prove the contents of a document allegedly lost ?
(ii) Whether there is a presumption under Sections 50 and 114 of the
Evidence
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 ... execution - contents admitted,
original lost, original not movable etc. Then the party will have
to lead evidence in proof of document as secondary evidence
which allow a document to be
admitted in evidence on payment of
penalty, have no application when the
original document, which was unstamped ... does not provide for the
levy of any penalty on lost documents. ‖
(emphasis supplied)
16. The Supreme Court in the aforementioned case held that
Therefore, in cases where the
original of a letter or a document lost or destroyed and if
original cannot produced, secondary evidence may be given ... production of such document the
hand written copy cannot be proved, since it is not shown to
be either lost or destroyed
