AIR 2015 (NOC) 329 (KAR.) ::2014 (4) AKR 239

Karnataka High Court

Hon'ble Judge(s): N. Kumar , J

(A) Evidence Act (1 of 1872) S. 63, 64, 65 — Secondary evidence — Application filed to produce photo copy of sale deed — No explanation given as to non-production of original — Secondary evidence cannot be allowed {" Before a party is entitled to give other secondary evidence of the contents of the original, the non-production of the original must be satisfactorily accounted for. Therefore, when a party is not in possession of primary evidence and he wants to rely on secondary evidence, he is entitled to produce secondary evidence provided he satisfies the conditions stipulated in Section 65 of the Act. In order to satisfy the Court about the existence of conditions stipulated in Section 65, he has to adduce evidence in the witness box on oath. He has to account for non-production of the original, set out evidence laying a foundation to lead secondary evidence and then he has to lead secondary evidence. It is at that stage, the opposite party or the Court can object to the production of secondary evidence, if no proper foundation is laid. Where the originals were not produced at any time nor was any foundation laid for giving secondary evidence, certified copies are not admissible. When a party gives evidence, a certified copy without proving the circumstances entitling him to give secondary evidence, objection must be taken at the time of admission and will not be allowed at a later stage, for, if the objection had b....