Tag Archives: Secondary Evidence

Secondary Evidence – No Requirement of Application

There is no requirement that an application is required to be filed in terms of Section 65(c) of the Evidence Act before the secondary evidence is led. A party to the lis may choose to file an application which is required to be considered by the trial court but if any party to the suit has laid foundation of leading of secondary evidence, either in the plaint or in evidence, the secondary evidence cannot be ousted for consideration only because an application for permission to lead secondary evidence was not filed. Dhanpat v. Sheo Ram, (2020) 16 SCC 209.

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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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