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G.Nagarajeshwar Rao (Advocate)     03 June 2011

Secondary evidence

Suit for declaration of title and recovery of possessoin of agricultural land. The plaintiff filed a suit as mentioned above. The property was mortgaged by him with nationalised bank. The loan discharged. The original sale deed lost in bank. The Bank issued a certificate about the fact. The plaintiff filed the certified copy of sale deed in the court in the present suit. The document of certified copy is marked as exhibit. Other side did not object for marking the same at the time of marking. At present, is it necessary for filing the petition for permission seeking for marking the said document as secondary evidence to over come the lacunae? please clarify how the procedure in this circumstances.   



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 7 Replies

Ravikant Soni (LAWYER IN JAIPUR)     03 June 2011

It's not a lacuna..

the document once exhibited will not be challanged thereafter.

2 Like

Jamai Of Law (propra)     04 June 2011

My sincere Thanks Adv Soni ji .... Really insightful and value adding reply in just one line..

 

 

PLN PRASAD (B.Com.,B.L.,)     05 June 2011

I agreed with Mr. Soni clarification with regards PLN Prasad, Advocate, Seshaimetta Rajahmundry-533 105 AP., cell: 09849587025

jeetendra patel (lawyer)     05 June 2011

WITH DUE RESPECT I DISAGREE WITH ABOVE VIEWS.IN ORDER TO TAKE THE EVIDENTIAL VALUE OF THE DOCUMENT INTO ACCOUNT THEN THE DOCUMENT MUST BE PROVED AS PER THE PROVISIONS OF THE INDIAN EVIDENCE ACT AND MORE SPECIFICALLY AS PER THE CHAPTER THE PROOF OF THE DOCUMEN ENUMERATED IN EVIDENCE ACT. MERE EXIHIBITING OF THE DOCUMENT DOES NOT MEAN THAT THE DOCUMENT IS PROPERLY PROVED. ITS EVIDENTIAL VALUE MAY NOT BE TAKEN INTO ACCOUNT UNLESS THE DOCUMENT IS PROPERLY PROVED AS PER THE PROVISIONS OF THE EVIDENCE ACT. AND VICE VERSA.MEANING THRERBY THAT EVEN IF A DOCUMENT IS NOT EXIHIBITED BUT IT IS PROPERLY PROVED AS PER THE PROVISIONS OF THE INDIAN EVIDENCE ACT THEN ITS EVIDENTIAL VALUE IS CONSIDERED IRRESPECTIVE OF THE FACT THAT DOCUMEN IS NOT EXIHIBITED. PLEASE REFER JUDGEMENT OF LORDSHIP D.G.KARNIK BOMBAY HIGH COURT.

JEETENDRA PATEL ADVOCATE PUNE (9921158871)

G.Nagarajeshwar Rao (Advocate)     05 June 2011

Jeetendra Patel jee! What is the mode of citation? JUDGEMENT OF LORDSHIP D.G.KARNIK BOMBAY HIGH COURT

Ravikant Soni (LAWYER IN JAIPUR)     05 June 2011

Objection as to mode of proof alleging document to be irregular in sufficient to be taken at trial before document marked as an 'exhibit' and admitted to record.

See AIR 2004 SC 4082

see also AIR 2005 SC 3467

Ravikant Soni (LAWYER IN JAIPUR)     05 June 2011

Patel sir,

The author query is as to leave of secondary evidence not for the question of proving document.

One more thing the document is registered sale deed so its cerified copy is a public document. 


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