Police of Tiruchendur, Police station has given
a certificate that the lost document was unable to be traced.
It is pertinent to note that ... publication
subsequently made on 22.02.2013 in an attempt to trace the
lost document has been produced and marked as Ex.A5 and
also
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
prescribed that such payment shall be endorsed on the document and presupposes that the document is forthcoming. It was also held in Kopasan v. Shamu ... that in the case of a lost document no penalty can be levied and secondary evidence admitted. As regards the contention that the onus
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
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
true. The admission then related to the contents of the lost document and no evidence apart from the admission of the defendant could be received ... contained in that document though it might relate to or be connected with the document which is said to have been lost. There
original document of title is laid, it may give rise to the conclusion that once the document of title is lost, no mortgage by deposit ... transfer that is the document of title.... At the same time there may be cases where the original document is lost and there
learned counsel for respondents submitted that only when the documents are lost or destroyed, the petitioner can be permitted to mark the xerox copy ... time. Admittedly, there is no pleading as to whether the documents in question were lost or destroyed. No proof of search has been shown
produce it the theory put up was that those documents were lost in transit when
he was going from Agali to Kottakara in Kerala State ... written statement filed, there was
no reference to any document being lost by the defendant. But in chief
examination, he had stated that he went
petitioners in the earlier
affidavit, did not claim that the documents were lost in fire. Further, they also did
not have any Patta in their ... that Writ Petition, it was not mentioned that the original documents
were lost in fire. The relief that is to be sought in the suit
