secondary evidence

TRIBHUVAN PUROHIT (Querist) 20 July 2009 This query is : Resolved
Please let me know ..
can secondary evidence of a document be taken on record in writ petition if the original proof is misplaced.

Also please let me know procedures for verification if any.

Awaiting reply

Thanking you
Tribhuvan Purohit

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sanjeev murthy desai (Expert) 20 July 2009
Dear Tribhuvan Purohit,

The Hon'ble Court has the discrimanary power to admission of secendary evidence, it may be admitted or dismissed. If the Hon'ble Court is satisfy the reason given to misplaced the original proof.

sanjeev desai.

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Deekshitulu.V.S.R (Expert) 22 July 2009
Mr Purohit

Do you mean in your case that secondary evidence is a photostat copy of the original, in which case the same cannot be admitted. Secondly you can take a public copy of the lost document and place it before the court, convince it and will be admitted. In this regard you are directed to Secs. 64 on wards of Evidence ACt.

Bye

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