Before :- Dr. Arijit Pasayat and Lokeshwar Singh Panta, JJ.
Civil Appeal No. 2060 of 2000 (Arising out of SLP(C) No. 12625 of 2005). D/d. 19.4.2007
Photostat copies of a document cannot be received as secondary evidence.
Smt. J. Yashoda – Appellant
Smt. K. Shobha Rani – Respondent
For the Appellant :- Bina Madhavan, Advocate.
For the Respondent :- M.N. Rao, Sr. Advocate with Prakash Rao and Ms. Promila, Advocates.
A. Evidence Act, Sections 63 and 65 – Secondary evidence – Photostat copies of original cannot be received as secondary evidence in terms of Section 63 of Evidence Act.
[Paras 3, 7 and 9]
B. Evidence Act, Sections 65 and 63 – Secondary evidence – So long as higher or superior evidence is in possession of a party, in the party shall give no inferior proof in relation to it. 1975(4) SCC 664 relied.
C. Evidence Act, Sections 63 and 65 – Secondary evidence when can be produced – Further held :- (1) Secondary evidence, as a general rule is admissible only in the absence of primary evidence. If the original itself is found to be inadmissible through failure of the party, who files it to prove it to be valid, the same party is not entitled to introduce secondary evidence of its contents.(2) Essentially, secondary evidence is an evidence which may be given in the absence of that better evidence which law requires to be given first, when a proper explanation of its absence is given.