Pre-condition for Leading – Secondary Evidence

The pre-condition for leading secondary evidence are that such original documents could not be produced by the party relied such documents in spite of best efforts, unable to produce the same which is beyond their control. The party sought to produce secondary evidence must establish for the non-production of primary evidence. Unless, it is established that the original document is lost or destroyed or is being deliberately withheld by the party in respect of that document sought to be used, secondary evidence in respect of that document cannot be accepted. Rakesh Mohindra v. Anita Beri, 2016 (114) ALR 253.

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Filed under Evidence Act, Secondary Evidence

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