S.R.Jangid Ips, v. v.Vidya
Case brief
What is this about?
Single judge tribunal permitted applicant to file documents as secondary evidence in a suit, acknowledging originals were unavailable and copies uncontested.
What did the court decide?
Documents received as secondary evidence subject to proof and relevancy.
What the court decided
1
A.No.2215 of 2023 in C.S.No.105 of 2018
N.SATHISH KUMAR, J.
This application has been filed to permit the applicant/plaintiff to mark the documents as secondary evidence on the side of the applicant/plaintiff in the above suit.
- The main contention of the applicant is that despite various notices sent to the respondent/defendant to produce the copy of the representations sent to various authorities containing derogatory statements against the plaintiff, the said copies have not been furnished by the respondent. Therefore, he has no other option except to file the photocopies of the representation sent to various authorities by the respondent. Hence, seeks permission of this Court to file those documents.
- Though the elaborate counter narrating events started prior and after filing of the suit, the crux of the counter as found in paragraph 22 , it is stated as if as if the plaintiff has the copies of true copies of originals. Therefore, according to the respondent, the copies cannot be furnished.
2
- During the submissions, when this Court pointed out as to whether
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to file photocopies as secondary evidence when originals are not in possession and not disputed.
Parties & counsel
- applicant
N.Sathish Kumar
- respondent
Respondent
Coram
N.Sathish Kumar
Case details
As recorded by the court registry
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