Civil Procedure Code (CPC)

Can attested copy be marked?

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Hello,

I have an attested copy of  a document submitted by the respondent in the same case. The attestation was done by the judge to whom the respondent submitted the document. I procured the attested copy via RTI.

The case later was transferred to another court and thus another judge is handling the same case now.

When I filed the above attested copy as part of my list of documents for marking the new judge is saying she cannot mark it unless it is certified. Now I have learned that certified copies can be marked as secondary evidence. Can we then not mark the attested copy (that too attested by a judge) also as secondary evidence? 

(1) What is the procedure to mark the attested copy?

(2) Is there any judgement that I can use to convince the judge that it can be marked as secondary evidence?

Note: My lawyer says that this we can resolve once the cross examination is over, but I am not sure about his plan as such. This document is very important and the respondent is the owner of the original document.

Please advise?

 

 
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Legal Advisor

 

your query is not clear...if the said document is already submitted by the respondent .....you don't need to re submit the same.....even in other case it is better to produce certified copy of those documents as they are presumed to be genuine unless contrary is proved. also check if your case falls within the scope of Section 80 of the evidence act.    

 
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Private

Originally posted by : Siddharth Kulkarni

 

your query is not clear...if the said document is already submitted by the respondent .....you don't need to re submit the same.....even in other case it is better to produce certified copy of those documents as they are presumed to be genuine unless contrary is proved. also check if your case falls within the scope of Section 80 of the evidence act.    

The respondent submitted that document in their counter to my IA in the same case but the document is not marked (neither in IA and nor in OS).. The respondent is not planning on marking it since that document will go against them... they submitted it by mistake... Hope this clarifies it.

 
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