The Court permitted an application to mark photocopies of agreements as exhibits, subject to non-prejudice to respondents and subsequent proof of originals. Objections were recorded for trial proceedings.
Allowed marking of photocopies as exhibits; objections recorded for trial.
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A.No.746 of 2024 in C.S. No.31 of 2010
ABDUL QUDDHOSE,J.
This application has been filed by the applicant/plaintiff seeking to mark photocopies of agreements obtained by the first respondent/first defendant as mentioned in the tabular column in the Judges Summons by way of secondary evidence.
2.The applicant/plaintiff claims that the documents disclosed in the affidavit filed in support of this application are relevant and are necessary to prove the applicant's/plaintiff's suit claim. They have also claimed that the said documents are not in their possession and custody.
3.A counter affidavit has also been filed by the third respondent/third
defendant, denying the contentions of the applicant/plaintiff. They would state that since the originals are not filed and no sufficient reasons have been given by the applicant/plaintiff for not filing the same, the present application is not maintainable. They claim that the applicant / plaintiff has
not satisfied the requirements under Section 65 of the Indian Evidence Act.
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5.No prejudice would be caused, if a direction is issued to record the objections raised by the third respondent/third defendant for marking the documents during the course of trial and the trial can proceed thereafter.
6.The learned counsel for the third respondent/third defendant has also not raised any serious objection if such an order is passed by this Court.
7.For the foregoing reasons, this application is disposed of by permitting the applicant/plaintiff to mark the photocopies of the agreement, disclosed in the tabular column in the Judges Summons, filed in support of this application and the said documents can be marked as exhibits, after
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recording the objections raised by the third respondent/third defendant.
However, it is made clear that the said documents are allowed to be marked
as exhibits, subject to its admission, proof and relevancy.
27.02.2024
ab
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ABDUL QUDDHOSE,J.
ab
A.No.746 of 2024 in C.S. No.31 of 2010
27.02.2024
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1 issue framed by the court
whether the applicant/plaintiff can mark photocopies of agreements as secondary evidence without prejudice.
1 provisions across 1 enactments
APPLICANT/PLAINTIFF
FIRST RESPONDENT/FIRST DEFENDANT
THIRD RESPONDENT/THIRD DEFENDANT
ABDUL QUDDHOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
