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
that a document on which the title rest is required to be proved by primary evidence, and if the original document is lost or destroyed ... document is admissible only when the party desirous of proving a document by Secondary evidence proves by cogent evidence that the original document is lost
documents are original, the question of stolen or theft the
original documents of the disputed house does not arise at all, because,
if really documents ... Police Station and
given complaint that she has lost her original documents in respect of
her house. The complaint marked
leading secondary evidence are
that such original documents could not be produced by the
party relying upon such documents in
spite of best efforts, unable ... production
of primary evidence. Unless, it is established that the
original documents is lost or destroyed or is being
deliberately withheld by the party
Document - X
was photocopied (call this photocopy document (Y)), which contained photocopy
of the original notarial certificate and a photocopy of the original Will. Document ... Document - Y and authenticated Document - Y (call
this Document - Z). Document - X (containing the original Notarial Certificate
together with the original Will) and Document
that the original copy of the Hakku patra is
lost but he has not lodged any complaint for having lost the
original document . The complainant ... hands. At one stretch
the complainant submits that original document ie Hakku Patra
has been lost and not lodged any complaint to that effect. Though
part is an independent one,
stating that when the original document had been
destroyed or lost, he can produce secondary
evidence; the second part comes ... secondary evidence can be adduced
relating to a document when the original
has been destroyed or lost, or when the
party offering evidence
leading secondary evidence are
that such original documents could not be produced by the
party relied upon such documents in spite of best efforts,
unable ... production of primary evidence. Unless, it is
established that the original documents is lost or destroyed or
is being deliberately withheld by the party
machine-
copy of the original, is secondary evidence of the original.
64. Proof of documents by primary evidence:- Documents
must be proved by primary evidence ... production of primary
evidence. Unless, it is established that the original
document is lost or destroyed or is being
deliberately withheld by the party
learned Advocate for the petitioners submits
that in fact, the original document was lost and permission to lead secondary
evidence under Section ... document in the form of a copy of the original
Agreement of Sale, which was impounded but lost, this copy would be
inadmissible in evidence
