TMI Blog2007 (4) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... id petition was to the order dated 3-11-2003 in OS No. of 1999 on the file of learned First Additional Chief Judge, City Civil Court Secunderabad wherein document Exh. B-1 to B-8 were marked and taken as secondary evidence. The challenge in the civil revision was that the aforesaid documents could not have been marked and taken as secondary evidence since e photo copies. 3. Learned Single Judge held that the documents which were sought to be and marked as secondary evidence are photo copies. It was noted that it may be a fact that the original of the documents are not available with the parties but at the same time the requirement of Section 63 of the Indian Evidence Act,1872 (in short the 'Act') is that a document can be received as an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied copies given under the provisions hereinafter contained; (2) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy and copies compared with such copies; (3) copies made from or compared with the original; (4) counterparts of documents as against the parties who did not execute them; (5) oral accounts of the contents of a document given by some person who has himself seen it. 65. Cases in which secondary evidence relating to documents may be given - Secondary evidence may be given of the existence, condition, or contents of a document in the following cases :- (a) When the original is shown or appears to be in the possession or power- of the person against whom the docume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovided by primary evidence. Section 65, however permits secondary evidence to be given of the existence, condition contents of documents under the circumstances mentioned. The conditions laid down in the said Section must be fulfilled before secondary evidence can be admitted. Secondary evidence of the contents of a document cannot be admitted without non-production of the original being first accounted for in such a manner as to bring it within one or other of the cases provided for in the Section. Ashok Dulichand v. Madahavlal Dube and Another [1975 (4) SCC 664], it was inter alia held as follows: "After hearing the learned Counsel for the parties, we are of the opinion that the order of the High Court in this respect calls for no inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Respondent No. 1. There was also no other material on the record to indicate the original document was in the possession of respondent no. 1. The appellant further failed to explain as to what were the circumstances under which the Photostat copy was prepared and who was in possession of the original document at the time its photograph was taken. Respondent No. 1 in his affidavit denied being in possession appeared to the High Court to be not above suspicion. In view of all the circumstances, the High Court to be not above suspicion. In view of all the circumstances, the High Court came to the conclusion that no foundation had been laid by the appellant for leading secondary evidence in the shape of the Photostat copy. We find no infirm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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