Allowed

M/S.Thai Clothing, Rep. by Its v. M/S.Melwani Apparel,Sdn,Bhd

Madras HC26 Jul 2017A/2109/2017

Case brief

AI extract

What is this about?

The High Court of Madras allowed an application to mark xerox copies and printouts as exhibits as secondary evidence. The court observed that the burden lies on the witness to explain the fate of primary evidence and granted permission subject to admissibility.

What did the court decide?

Permission granted to mark specified xerox copies and printouts as exhibits as secondary evidence, contingent upon the witness explaining the absence of primary evidence.

M/S.Thai Clothing, Rep. by Its Vs M/S.Melwani… — Civil Procedure and Limitation | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 26TH DAY OF JULY 2017 THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN A.No.2109 of 2017 IN C.S.No.253 of 2011

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M/s.Thai Clothing, rep.by its partners

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() 1.Messers C.Chockalingam,(deceased) Managing Partner, () (To record the 2^nd Plaintiff is the L.R. of 1^st Plaintiff (deceased) as per order dt. 19.08.15 in A.5167 of 2015 by master). 2. Senthilnathan, Partner, 3. S.Sundar, Partner. ... Plaintiffs Vs 1. M/s. Melwani Apparel, SDN, BHD, rep.by its Proprietor, Lechman Melwani, 734 156 X Suite 19-01 Level 19^th Kumpeks, antarabangsa, Jalan Sultan Ismail 50250 Kuala Lumpur. 2. Melwani's Apparel (p) Limted., rep. By its Proprietor, Lechman Melwani, 1, Nroth Bridge Road, 19-04/05 High Street Centre, Singapore-179094. 3. Salvadore Valentine SDN, BHD, Rep.by its Proprietor, Lechman Melwani, Suite E.5-17 Blcok E.Plaza Mont Kiare, No.2, Jalan Kiara Mont'Kian 50480. Kuala Lumpur, Malaysia.

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... Defendants

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A.No.2109 of 2017

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M/s.Thai Clothing, rep.by its partners

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1.Messers C.Chockalingam,(died on 26.03.15), Managing Partner, 2. Senthilnathan, Partner, S/o. C.Chokalingam, (LR of C.Chockalingam) 3. S.Sundar, Partner, Carrying on business at No.12-A/27, Umayal Road, Kilpauk, Chennai 600010 . ... Applicants Vs 1. M/s. Melwani Apparel, SDN, BHD, rep.by its Proprietor, Lechman Melwani, 734 156 X Suite 19-01 Level 19^th Kumpeks, antarabangsa, Jalan Sultan Ismail 50250 Kuala Lumpur. 2. Melwani's Apparel (P) Limted., rep. By its Proprietor, Lechman Melwani, 1, Nroth Bridge Road, 19-04/05 High Street Centre, Singapore-179094. 3. Salvadore Valentine SDN, BHD, Rep.by its Proprietor, Lechman Melwani, Suite E.5-17 Blcok E.Plaza Mont Kiare, No.2, Jalan Kiara Mont'Kian 50480. Kuala Lumpur, Malaysia. (Inspite of notice sent by Air Mail and Paper Publication in Malaysia and singapore on 21.11.2013, no appearance by Respondents/Defendants and hence notice to Respondents not necessary in this application).

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... Respondents/Defendants

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Application praying that this Hon'ble Court be pleased

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to permit the Applicant herein to mark the xerox copies as well as the computed generated documents viz., the documents shown in the proof affidavit under Sl.Nos.7,10 to 27,30, 31.36 to 39, 43 to 46 are to be marked as exhibits and Sl.Nos.9,28,29, 32 to 35, 37, 40, 41 and 42 are all electronics records to be marked as Exhibits in the above suit.

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This application coming on this day before this court for hearing, the court made the following order:

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This application has been filed, seeking to produce Xerox copies.

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The respondents/defendants had already been set exparte.

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It is stated that the transaction took place nearly ten years back. The plaintiff already died and the legal representatives are prosecuting the suit. Some of the documents had been taken out from the computer. But unfortunately, even the computer is not available and the printouts are of ten years old. The records are also not available. Consequently, permission is sought to produce xerox copies. However, it is made clear that marking of documents is subject to admissibility and proof of the documents. Marking of documents will only indicate giving exhibit number to the documents. The burden is on the witness to explain with respect to each and every document which is produced as secondary evidence as to fate of the primary evidence and why he is marking secondary evidence.

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The learned Master may take the documents on file and give exhibit number. During the arguments before this Court, the counsel necessarily has to satisfy the Court with respect to admissibility of the said secondary evidence.

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With such observations, this application is allowed.

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The witness for the plaintiff to appear before the learned Additional Master-III on 21.08.2017 to give evidence. After recording evidence, the matter has to be posted before this Court.

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26.07.2017

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//Certified to be a true copy// Dated this the day of 2016.

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KY/29.08.2016 COURT OFFICER

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From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

M/S.Thai Clothing, Rep. by Its v. M/S.Melwani Apparel,Sdn,Bhd

Case brief

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What did the court decide?

M/S.Thai Clothing, Rep. by Its v. M/S.Melwani Apparel,Sdn,Bhd

Case brief

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What did the court decide?

What the court decided

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