reconstruction on the nature of the document. Such document may
include documents of pleadings or documents used or intended to
be used as evidence ... impounding of such document.
Thus, the point in respect of reconstruction of any other kind of
document such as pleadings etc lost from the custody
title documents by
the previous owner to the defendant. But, as per the plaintiff the said
documents were handed over by the defendant ... shopping. At that time, the previous chain of the documents in the bag
was lost in the market. On the same day, the plaintiff lodged
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
which allow a
document to be admitted in evidence on payment of
penalty, have no application when the original document,
which was unstamped ... does not provide for the levy of any penalty on lost
documents."
This Court had an occasion again to consider the
scope and ambit
accused containing signed cheques,
promissory notes and other valuable documents was lost and after
getting illegal possession of the same, the complainant misused the
subject ... notes and other valuable documents was lost and after getting illegal
possession of the same, the complainant misused the subject cheque
and fraudulently presented
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
amount
of it. Hence, photocopy of the document is impounded. Learned
court ought to have admitted the document as secondary evidence
because the petitioner ... does not provide for the levy of any
penalty on lost documents.
09. This Court had an occasion again to consider the scope and
ambit
held as follows:
"8. A document would be admissible on basis of the recitals
made in the document and not on 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
affidavit of Mr.K.Peraiah is silent about the original document
when he lost the said document in bus travel, where he lost, and what ... affidavit of R.1(K.Peraiah) when the original document is lost to
adduce secondary evidence but that aspect also trial Court can
consider
under Section 65 of the Evidence Act has stated that those
documents are lost as they were in custody of father-in-law of defendants ... primary evidence. Unless, it is
9
established that the original document is lost or destroyed or is being
deliberately withheld by the party in respect
