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 Case Digest

Indian Evidence Act, 1872
Section 63 and 65(a): Secondary evidence-Photocopies of documents-Admissibility in evidence-Requirement of
Section 63 and 65(a): Secondary evidence-Photocopies of documents-Admissibility in evidence-Requirement of
Secondary evidence admissible only in the absence of primary evidence when proper explanation of its absence is given. -
  1. Leave granted.
  2. Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Andhra Pradesh High Court allowing the civil revision petition filed. Challenge in the said petition was to the order dated 3.11.2003 in OS No. 30 of 1999 on the file of learned First Additional Chief Judge, City Civil Court, Secunderabad wherein document Exh. B-1 to B-8 were marked and taken as secondary evidence. The challenge in the civil revision was that the aforesaid documents could not have been marked and taken as secondary evidence since they are photo copies.
  3. Learned Single Judge held that the documents which were sought to be received and marked as secondary evidence are photo copies. It was noted that it may be a fact that the original of the documents are not available with the parties but at the same time the requirement of Section 63 of the Indian Evidence Act, 1872 (in short the 'Act') is that a document can be received as an evidence under the head of secondary evidence only when the copies made from or compared with the original are certified copies or such other documents as enumerated in the above section. The High Court found the photo copies can not be received as secondary evidence in terms of Section 63 of the Act and they ought not to have been received as secondary evidence. Since the documents in question were admittedly photo copies, there was no possibility of the documents being compared with the originals. Accordingly the Civil Revision was allowed.
Smt. J. Yashoda vs. Smt. K. Shobha Rani, Civil Appeal No. 2060 of 2007 (Arising out of S.L.P. (C) No. 12625 of 2005), Supreme Court of India, D/d 19.4.2007, AIR 1721, 2007 (5) SCR 367, 2007(5) SCC 730


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