that, accordingly, necessary documents were executed by
the defendants on that very date i.e. 22.01.2008. These documents were,
however, lost ... fresh set of documents on 01.04.2008, when the earlier set documents were
purportedly lost.
6.4. The plaintiff stressed the fact that the ATS was executed
Syed Fahim Arif And Anr. vs Rahmatunnisa Begum And Anr. on 22 March, 2005
Equivalent
plaintiff that on 24th September, 1955 the book containing these three documents was lost. The plaintiff filed an application on 24th September, 1955 stating ... support the learned counsel for the appellant. In this case a document was lost while it was in the custody of the Court. 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."
This Court had an occasion again to consider the
scope and ambit
original document of which secondary evidence is sought, has not been
proved and an attested document cannot be considered. The documents ... such documents. (emphasis
supplied)"
13. In the case in hand, the document sought to be exhibited is a
public document as they pertain
respondents/plaintiffs have not laid any
actual foundation that said document is lost and they have also
not proved that the same is executed ... could not trace out the
document would be sufficient evidence of the fact that the
document had been lost. (Ramakrishna Constructions,
Karimnagar v. Singareni Collieries
documents have been
enunciated in Section 65(c) of the Indian Evidence Act. It is stated
that when the original document is destroyed or lost ... document in
the form of photo-state copy can be permitted to lead as a secondary
evidence in place of original document which is lost
original document. There can be no doubt that secondary evidence of the contents of a document, which has not been proved to be lost, cannot ... contention on merits. Therefore, had the original document been tampered with or had the original document been lost before its presentation before the registering officer
authorities to
impound a document. The court being an
authority to receive a document in
evidence is bound to give effect thereto.
The unregistered deed ... denying the delivery of possession, the
endorsement/recital in the document lost
all its effect and efficacy.
8
9. It would be trite
premises and other being a licensed
premises, created by the two different documents, and always treated as
two different premises, can be held ... vital question that the fact finding inquiry
for the lost documents i.e. the AD cards is still pending and the trial Court
