documents would
amount to secondary evidence.
2. Whether the original documents of the documents,
sought to be admitted, are proved as lost.
4
3. Whether ... nature of the documents and the probative value of the documents
and possibilities of tampering the documents have to be taken into
consideration, before permitting
Section
65 of the Evidence Act provides that photostat copy of lost
document can be brought on record. The court below erred while
dismissing ... Evidence Act. The version of
the plaintiffs that the original document has been lost, itself is
enough to indicate or explain plaintiffs' plea that
same
judgment as follows:
"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.
It would be trite to say that
much prior where it was held that overall
suspicious circumstances qua a document sought to be
admitted in evidence as secondary evidence can lead ... under Section 65 of the Act of 1972 where even
the lost document as per him could entitle the party to produce
the photostat copy
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.'
10. It is clear from the decisions of this Court
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 transaction 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
of
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
have been lost and not traceable and as summoned by the
Court he is producing the copies of those documents. During
the course ... filed complaint to the J.P. Nagar police
station regarding the documents lost. It is further came in
the cross-examination of PW2 that
contended that on 05.05.2018 at 6:30 p.m.
she had lost original documents pertaining to the suit schedule
property along with six signed cheques ... clearly goes to show that
original documents were lost and same are misused by the
plaintiff. Advocate for the plaintiff argued that
paras
89).
8. A document would be admissible on basis of the
recitals made in the document and not on basis of the
pleadings ... 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
