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Supreme Court Of India

(From : Air 2014 Hp 63)

Hon'ble Judge(s): M. Y. Eqbal, C. Nagappan , JJ

Evidence Act (1 of 1872) , S.65— Secondary evidence - Pre-conditions for leading - Party must establish that original documents could not be produced despite best efforts - Defendant seeking permission to prove letter of disclaimer executed by owner-in-possession of property in dispute, by way of secondary evidence - Defendant had filed original affidavits of co-sharers along with said letter of disclaimer with one Photostat set lying in office of Defence Estate Officer (DEO), for effective mutation of property in his name - Photocopy of disclaimer letter of owner-in-possession of property in dispute came from custody of DEO, and witness, who brought record, has been examined as witness - Merely because signatures in some of documents were not legible and visible - Cannot be a ground to reject secondary evidence. AIR 2014 HP 63, Reversed. (Para 9 17 24) .....