Photocopy
Guest
(Querist) 25 August 2013
This query is : Resolved
In an evidence, for which affidavit is under preparation, a few originals are with the Plaintiff, who will definitely deny of having the same. My query is
Should this fact be specifically mentioned in the evidence, where photocopy is being exhibited, that original is with the defendant. May also tell . What is the other alternative
prabhakar singh
(Expert) 25 August 2013
"originals are with the Plaintiff"
'that original is with the defendant. '
FIRST COME OUT OF THIS CONTRADICTION
Guest
(Querist) 25 August 2013
Very sorry for typing error.The query is repeated.
In an evidence, for which affidavit is under preparation, a few originals are with the Defendant, who will definitely deny of having the same. My query is
Should this fact be specifically mentioned in the evidence, where photocopy is being exhibited, that original is with the defendant. May also tell, What is the other alternative
prabhakar singh
(Expert) 25 August 2013
When a party seeks court to admit a secondary evidence(as photostat sought here to be filled)the custody or loss of original must be spoken to make photostat admissible.
Guest
(Querist) 25 August 2013
Thanks, Prabhakar Sir.
Devajyoti Barman
(Expert) 25 August 2013
You can not try to exhibit the photocopy unless you give notice u/s 66 of the Evidence Act asking the defendant to produce the original.
Guest
(Querist) 25 August 2013
There is no time left for any notice Sir as evidence is after 4 days. What should be done at this stage Sir.
ajay sethi
(Expert) 25 August 2013
issue notice to produce original in court on date fixed for evidence .
prabhakar singh
(Expert) 25 August 2013
Prove the loss,misplaced,not available even after due diligence, if document is of type whose original may be expected to be in your custody.If they file original to prove you wrong ,still your purpose gets served,but your affidavit should be too flexible to take an U turn when they file on your pleading loss or misplacement.
Guest
(Querist) 25 August 2013
Sir, the main document is joint property deed, original of which is with Defendant. So. if Plaintiff exhibits photocopy by mentioning in the affidavit that original is with Defendant, will notice under section 66 is still necessary before filing of affidavit for evidence.
ajay sethi
(Expert) 25 August 2013
in affidavit of evidence make specifc averment that original is lying with the defendant . also issue notice to produce .
prabhakar singh
(Expert) 25 August 2013
If it is a registered deed then you need to file a certified copy and not a photocopy.
How old the document is?
Devajyoti Barman
(Expert) 25 August 2013
You are not coming up with full information. If it is registered sale deed then also send notice u/s 66 and produce the certified copy.
Guest
(Querist) 25 August 2013
sir, at the moment, only photocopy is available. Certified copy cannot be arranged
before evidence.
prabhakar singh
(Expert) 25 August 2013
There are 4 days left,apply by tomorrow.
If you do not get do as planned with application to file certified copy soon
stating now categorically that original is with defendant,and seek a direction to defendant to appear with original.
Raj Kumar Makkad
(Expert) 27 August 2013
Well advised by experts so no more to add.
