transit he has lost the original sale deed
dated 14/10/1991, original sale agreement dated 24/6/2000
and other documents as stated above ... that after obtaining all the
original documents from the said M.Anil Kumar during transit,
those documents were lost. So far as the said contention
accused no.1 and submitted to the bank that he has lost
original documents and he has given the police complaint ... well as paper publication and police notice that he
has lost original documents of the property. Later on it
brought to the notice that prior
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 ... from the plaintiff. The defendant had
lost the original documents on 05.05.2014 and the plaintiff has
found the same and the plaintiff has issued legal
Smt. Kashibai Namdeo Jadhav And Others vs Smt. Yamunabai Namdeo Jadhav And Others on 25
taken
for producing secondary evidence of the documents on the
ground that original documents were lost. To sum up, when
anybody wants to lead secondary ... Evidence Act / like original is in possession of
someone else or existence, execution - contents admitted,
original lost, original not movable etc. Then the party will
prove that
the documents were lost and even if it is considered that he has
proved that the documents were lost, the pre-condition laid ... 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
original documents cannot be pin-pointed,
C.R.P. 589/1998 Page 2 of 13
original documents should be treated as either destroyed or lost ... rightful possession of original of such a document because
as and when he were to subsequently produce such an original
document, the court may refuse
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
original document of which secondary evidence is sought, has not been
proved and an attested document cannot be considered. The documents ... original document.
b) When a party seeks to produce Photostat copy it has to lay the
foundational facts by proving that original document existed
original document as secondary evidence. In absence
of aforesaid satisfaction or reasonable suspicion about the genuine-
ness of the photocopy of the original document ... photocopy of the original document
is not admissible as secondary evidence. It requires comparison with
the original copy of the document as provided in section
