Lawstreet Journal

Application Not Necessary for Producing Secondary Evidence: SC [Read Judgement]

Lawstreet Journal 31 Mar 2020 5:33pm

Image courtesy: Lawstreet Journal Judiciary Application Not Necessary for Producing Secondary Evidence: SC [Read Judgement]

The Supreme Court bench comprising of Justices L Nageswara Rao and Hemant Gupta delivered a judgement on March 19, 2020 declaring that there is no need to file an application seeking permission to produce secondary evidence.

The said decision was taken in the case of Dhanpat v. Sheo Ram (deceased through Legal Representatives). The case was a Civil Appeal in which the validity of Will was in Question.

In a partition suit the defendants had produced a will to deny the claim of the plaintiff for share in the ancestral property. The certified copy of the will was produced before the court as the original was lost.

The appellant raised the question in the Supreme Court to which the Bench said:

There is no cross-examination of any of the witnesses of the defendants in respect of loss of original Will. Section 65 of the Evidence Act permits secondary evidence of existence, condition, or contents of a document including the cases where the original has been destroyed or lost. The plaintiff had admitted the execution of the Will though it was alleged to be the result of fraud and misrepresentation. The execution of the Will was not disputed by the plaintiff but only proof of the Will was the subject matter in the suit. Therefore, once the evidence of the defendants is that the original Will was lost and the certified copy is produced, the defendants have made out sufficient ground for leading of secondary evidence”.

The bench further observed that there was no need for application… Continue Reading...

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