appellant-convict Nikhil Saxena had filed a complaint regarding some lost
documents pertaining to the motorcycle bearing registration No. DL3S ... report.
The report to the police with respect to article/document lost in
Delhi is Ex.PW11/P-13 bearing my signature at point
those days all the documents and papers related
to the suit property and other important documents were either lost or
taken away for which ... papers/documents of the above mentioned flat missplaced" (sic). Neither
does the complaint state from where did the document got lost
production of primary evidence.
Unless, it is established that the original document is lost or
destroyed or is being deliberately withheld by the party ... production of
primary evidence. Unless, it is established that the original document
is lost or destroyed or is being deliberately withheld by the party
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
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
qualified right. The inability to produce, on account of the
document being lost or destroyed, ought not to be on
account of the parties ... neglect and if on account of his default or neglect the
document is lost or destroyed, then such a party or litigant
is precluded from
evening of 25.03.2015
on his motorcycle but the bundle containing the documents was lost
somewhere on the way and police complaint was filed in Police ... family arrangement and subsequently, claimed loss of bundle
containing attested documents being lost on motorcycle in Noida. The
alleged complaint to Police dated
production of primary evidence. Unless, it is
established that the original documents is lost or destroyed
or is being deliberately withheld by the party ... production of primary evidence.
Unless, it is established that the original documents is lost
or destroyed or is being deliberately withheld by the party
production of primary evidence. Unless, it is
established that the original documents is lost or
destroyed or is being deliberately withheld by the party ... documents."
15. The preconditions for leading secondary
evidence are that such original documents could not
be produced by the party relied upon such
documents
paras 8-9)
8. A document would be admissible on basis of the recitals made in the document and not
on the basis ... denying the delivery of possession, the endorsement/recital in the document
lost all its effect and efficacy.
9. It would be trite to say that
