Case Note & Summary
The suit was placed before the court for considering the admissibility of documents referred to and relied upon by defendant nos.3 and 4 in their compilation of documents. The defendant no.3 had filed an affidavit in lieu of examination in chief dated 4th August 2018. The plaintiff filed a statement of admission and denial in respect of the documents forming part of the compilation of documents filed by defendant nos.3 and 4. The court heard the learned counsel for the plaintiff and the defendant nos.3 and 4 and perused the affidavit in lieu of examination in chief filed by the defendant no.3, the statement of admission and denial on behalf of the plaintiff, and some of the prayers in the plaint in Suit No.3165 of 2010. The defendant nos.3 and 4 relied upon 28 documents in the said compilation of documents. The court noted that the plaintiff had objected to the admissibility of the documents on the ground that they were not proved in accordance with the Indian Evidence Act, 1872. The court held that documents which are not proved in accordance with the Indian Evidence Act, 1872 cannot be admitted in evidence. The court directed that the documents be marked subject to proof and that the defendants must produce the originals or lay foundation for secondary evidence. The court further directed that the documents be marked as exhibits only after they are proved in accordance with law. The court also directed that the defendants shall produce the originals of the documents or lay foundation for secondary evidence as required under Section 65 of the Indian Evidence Act, 1872. The court disposed of the application for admissibility of documents with these directions.
Headnote
A) Civil Procedure - Admissibility of Documents - Proof of Documents - Indian Evidence Act, 1872, Sections 61-65 - The court considered the admissibility of 28 documents filed by defendant nos.3 and 4. The plaintiff objected to their admissibility on the ground that they were not proved in accordance with law. The court held that documents which are not proved in accordance with the Indian Evidence Act, 1872 cannot be admitted in evidence. The court directed that the documents be marked subject to proof and that the defendants must produce the originals or lay foundation for secondary evidence. (Paras 1-5) B) Civil Procedure - Secondary Evidence - Foundation for Secondary Evidence - Indian Evidence Act, 1872, Section 65 - The court held that before secondary evidence can be led, the party must lay a foundation as required under Section 65 of the Indian Evidence Act, 1872. The court directed that the documents be marked subject to proof and that the defendants must produce the originals or lay foundation for secondary evidence. (Paras 3-5)
Issue of Consideration
Whether the documents relied upon by the defendant nos.3 and 4 in their compilation of documents are admissible in evidence without being proved in accordance with the Indian Evidence Act, 1872.
Final Decision
The court directed that the documents be marked subject to proof and that the defendants must produce the originals or lay foundation for secondary evidence as required under Section 65 of the Indian Evidence Act, 1872. The documents shall be marked as exhibits only after they are proved in accordance with law.
Law Points
- Admissibility of documents
- Proof of documents
- Secondary evidence
- Indian Evidence Act
- 1872 Sections 61-65
- Civil Procedure Code
- 1908 Order 13 Rule 1
