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Indian evidence act

(Querist) 01 July 2013 This query is : Resolved 
section 65 of Indian Evidence Act.

respected sir,

my query is, the petitioner have a photocopy of affidavit of respondent which is required to be proved according to evidence act. the original of that affidavit is either lost or is in possession of respondent. how can i prove?

prabhakar singh (Expert) 01 July 2013
Move an application that the original affidavit is in custody of opposite party and that may kindly be summoned,most expectedly he would deny or file.
If he denies,secondary evidence as copy would be proofed by you stating full circumstances of facts xerox came to your custody.
Raj Kumar Makkad (Expert) 01 July 2013
First of all exhaust Order 14 of CPC and only then come to section 65 of Indian evidence Act.
Nadeem Qureshi (Expert) 02 July 2013
Mr. Prabhakar is rightly advise


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