Secondary evidence
sunil
(Querist) 09 June 2012
This query is : Resolved
Adv. Chandrasekhar
(Expert) 09 June 2012
It is secondary evidence. But it has got same value as primary evidence for the following reasons.
1. The def. did not deny the documents.
2. You served the notice to him to produce originals, which supposed to be in his custody.
3. You could summon the department for originals and you did the same and dischared your responsibility as a party. Non-production from their side has no adverse effect on your evidence.
sunil
(Querist) 09 June 2012
Thanks a lot for early response , i would like to bring to your notice that they are denying that photocopies existence throughout but it has there signature in photocopies and he had accepted that signature in other original signed documents .so now still it will be treated as secondary doc.
thanks
niranjan
(Expert) 09 June 2012
Under Order 11,rule12 and 14 you can submit application to the court for production of documents in their custody and if after order they do not produce will have to face consequence under rule21 of the said order. Since the documents you produced are pohot copy,you can also give notice to pltff.to admit documents under O.12( 2) and if not denied they will be deemed to have been admitted under 2 A. .
Shonee Kapoor
(Expert) 20 June 2012
original query is deleted
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
