evidence, it is not
sufficient to show merely that the original document is lost, the
secondary evidence itself must be of the nature described ... document, if the
conditions as laid down under sub-clause (c) are
fulfilled. Thus if the original of the public document
has been lost
movable;
(e) when the original is public document within the
meaning of Section 74 ;
(f) when the original is a document of which a certified ... production of primary evidence. Unless, it is established
that the original document is lost or destroyed or is being
deliberately withheld by the party
explained the circumstances under which the original
document was lost, and that despite diligent efforts, the
same could not be traced and therefore the trial ... produced any
document or evidence to substantiate the claim that the
original document was lost without the petitioner's fault
Respondent that certain originals/certified copies of
documents in respect of the Suit Schedule Property, as listed
hereinbelow, have been lost during the process ... rights over the schedule property mentioned
herein below based on these lost original documents, the
Respondent would indemnify the Appellants.
5. The Parties hereto unconditionally
copies of the two letters summoned were made available, as originals were lost. Other documents summoned are in the nature of confidential, reports, for which ... have to produce original documents. Merely because they are the documents sent by the petitioners, by producing copy of the same, originals can be denied
original has been destroyed or lost. But, to admit the secondary evidence, however, it is not sufficient to show merely that the original document ... original Will executed by his father might have been lost or destroyed or misplaced by the plaintiff. The question of original Will being lost
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 ... primary
15
evidence. Unless, it is established that the original
document is lost or destroyed or is being
deliberately withheld by the party in respect
lost and sought to produce the
photo copy. Earlier, he has filed I.A.15 seeking to
produce photocopy the original document. The said
application ... later date, he left Chennai along
with documents on 30.07.2002 and during the transit
he lost his baggage wherein the said documents were
also kept
application seeking
production of additional documents as to when
and where the original documents were
misplaced or lost.
(c) The plaintiff in his cross-examination ... situation when the original
is destroyed or lost. The second part applies when
the original is neither destroyed nor lost, and the
party
application seeking the
production of additional documents as to when
and where the original documents were
misplaced or lost.
(c) The plaintiff in his cross ... situation when the original
is destroyed or lost. The second part applies when
the original is neither destroyed nor lost and the
party
