Evidence Act, 1872, Section 65 -- Secondary evidence - There is no specific provision for filing an application to seek permission to lead secondary evidence - However, party seeking permission to lead secondary evidence has to explain the absence of primary evidence as a pre condition before leading such evidence, which can be given at any stage before or when evidence is..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Tenant not pleaded in the plaint that original Rent Note is with the landlord - It is immaterial as tenant while seeking permission to lead secondary evidence has to explain the absence of primary evidence as a pre condition before leading such evidence, which can be given at any stage before or when evidence is being..........
Evidence Act, 1872, Section 63(2) -- Secondary evidence - Photocopy of rent note - Provision of S.63(2) of Evidence Act clearly provides that copies made from the original by mechanical process are defined as secondary evidence - Therefore, resisting prayer that photocopy of a document does not fall within the definition of secondary evidence is misplaced...........
