Single judge allowed application for secondary evidence by marking photocopies of plaint documents Ex.P4 to P17, subject to proof of lost originals and relevance, noting documents were lost or submitted to Tax Authority.
Application for leave to mark photocopies of plaint documents Ex.P4 to P17 allowed subject to proof.
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A.No.1922 of 2023
A.No.1922 of 2023 in CS.(Comm.Div).No.98 of 2021
S.SOUNTHAR , J.
The instant application in A.No.1922 of 2023 has been
filed by the applicant/plaintiff seeking leave of the Court to lead secondary evidence by marking photocopies of Exs.P4 to P17.
2. Though the prayer in the application is made in
respect of marking of photocopies of Exs.P4 to P17, both the learned counsel for the applicant and the respondent agreed that the present application is filed in respect of plaint Doc.Nos.4 to 17.
3. It is stated by the applicant that the plaint Doc.Nos.4
to 17 were not in his custody as some of the documents were lost and the
other documents were submitted to the Tax Authority.
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4. In the affidavit filed in support of this application
the applicant had averred as if the respondent had admitted the
documents in his pleadings and in his statement of admission and denial.
5. In the counter affidavit filed by the respondent, it is asserted by the respondent that he never admitted the documents filed by the plaintiff along with the plaint. It is also stated that no statement of admission and denial of the documents was filed by the defendant.
6. In view of the averments made by the applicant in his
affidavit that certain documents are lost and the other documents are submitted before the Tax Authority for getting duplicate of the lost documents, this Court is inclined to allow this application, however, with a clarification that the plaint document Nos.4 to 17 have to be marked by the applicant subject to the proof, relevancy and objection by the respondent.
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7. Accordingly, this application is allowed.
19.04.2023 (½)
dna
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A.No.1922 of 2023
S.SOUNTHAR , J.
dna
A.No.1922 of 2023 in CS.(Comm.Div).No.98 of 2021 (½)
19.04.2023
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A.No.1922 of 2023
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1 issue framed by the court
Whether to allow leave for marking photocopies of plaint documents as secondary evidence.
Applicant
Respondent
S.SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
