letter dated
15.12.2004 to the plaintiff informing him that he has
lost the document in the above incident and assured
him that he would come ... wherein the banker has stated that he
might have misplaced or lost the document in the
train in which he was traveling from Bengaluru
request for return of the documents and that the
petitioner-Bank has stated that those documents are lost and
that this respondent can give ... particular document whether these documents were pledged
or these documents were secured by the Bank and the said
documents were lost when they were
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
evidence, it is not
sufficient to show merely that the original document is lost, the
secondary evidence itself must be of the nature described ... document, if the
conditions as laid down under sub-clause (c) are
fulfilled. Thus if the original of the public document
has been 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
proof of the secondary evid
held that under
or contents of lost document, it was
e is admissible
Section 65 of the Act, secondary evidenc ... contents of a
must be proved
is lost, but the execution of the document
Section 67 of the
by primary evidence as required under
Evidence
According to PW-2, the alleged documents
which accused has shown as lost in her Sale Deed at
Ex.P-5, was a false statement ... lien
against those documents, as such, the recital made by the
Executant in Ex.P-5 that those documents were lost, was a
false statement
loss
of original documents is vague. He submits that the complaint
does not even state which are the documents which are lost. It
does ... police complaint at Ex.P2, he has lost
the documents some times in the first week
prudent
person, it is expected that when a property document is
lost, a minimum degree of care and caution is taken. In
the present case ... specific date on which he met with the accident and lost
the document. There is no proof on record to substantiate
the accident
Evidence Act states that
secondary evidence of a destroyed or lost document can
be produced. Here DW.1 stated that he could not produce ... document, if the conditions as
laid down under sub-clause (c) are fulfilled.
Thus if the original of the public document has
been lost
