that the said document, i.e., alleged gift deed dated
31/3/2006 is an invalid document and under the said
document the plaintiffs being ... that after obtaining all the
original documents from the said M.Anil Kumar during transit,
those documents were lost. So far as the said contention
documents were produced and as
regards the original documents, it was claimed that
those were misplaced by the counsel for the appellant,
although the documents ... document must,
primarily be proved by the production
of the document itself for the inspection
of the court. Original document is the
best and primary
neglect, produce it in reasonable time;
. . . . . . . . . ."
13. Admittedly, the lost document is the only ground, on which the
plaintiff/petitioner has approached the learned ... list of documents does not contain this
document, hence, at this belated stage taking the document on
record as secondary evidence would not be appropriate
order to
substantiate his contention that the said two documents are concocted
and created documents placed his reliance upon Ex.P11 gift deed. What ... effect khatha the father of plaintiff No. 2 lost
"Hakku Patra" and other documents and the defendant taking advantage
of obtaining the said
document is also the original document, he
undertakes in Ex.P.1 for producing the original document,
despite knowing that he lost the original documents ... original
document, plaintiff is continued to insist for the original
document. Whereas, the defendant failed to prove that, he could
have lost the document before
title documents have been produced by the
defendant no. 1 and it is averred that the said title documents were lost. First ... police report lodged it is alleged that the said documents were lost in
Bindapur at 7 p.m. on 9.1.2009 while in affidavit of defendant
secondary evidence supported by an
Information Report in respect of Article /Document lost in Delhi. It is
a settled law that for proof of documents ... Page 11/18
An information report as to document lost in Delhi, which was filed
along with application u/s 63 & 65 Evidence
note for Rs. 24,400 which did not exist amongst the documents lost on that day, the only possible inference from the appellant ... opinion, the evidential value of these income-tax documents is such that if they are admitted, the correctness of the lower Court's conclusion
laid. Mr. Ghosh contended that in order to show that a document is lost it is not enough to make a statement that ... letter is lost. It is necessary on the other hand to show that there was a diligent search to recover the lost document. In support
court comes to the conclusion after being satisfied that the document has been lost or destroyed, it has to allow the party concerned to lead ... stated that secondary evidence of an unstamped document which is lost or destroyed is under no circumstances admissible.
13. It is submitted that appellant
