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
veracity of the documents has
not been established.
37. A document can be proved by primary evidence i.e. producing
the document itself and where ... Page No: 19/31
document has been proved and it has been further established that the
original document has been lost. Reference may be made
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.
9. It would be trite to say that
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
such a document has been executed.
Registration provides safety and security to transactions relating
to immovable property, even if the document is lost or
destroyed ... such a
document has been executed. Registration provides safety and
security to transactions relating to immovable property, even if the
document is lost or destroyed
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
plaintiff to prove that so far as he was concerned the document was lost. I find myself unable to hold that this is a case ... held to have been lost. To record a finding that the document is lost it must be established that a thorough search had been made
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
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
