Evidence Act, 1872; S. 65 (C) and (f) – Admissibility of public document – Secondary evidence of content of document when the original public document is lost or destroyed – Held:...
Read MoreEvidence Act, 1872; S. 65 (C) and (f) – Admissibility of public document – Secondary evidence of content of document when the original public document is lost or destroyed – Held: Under S. 65 clauses (a) and (c) secondary evidence was admissible -- It is held that a case may fall both under clauses (a) or (c) and (f) in which case secondary evidence would be admis-sible. It was held that clauses (a) and (c) were independent of clause (f) and even an ordinary copy would, therefore, be admissible -- As stated above the case that the original was no longer available in Court records and the certified copy was lost has not been disbelieved -- Thus the ordinary copy of the earlier judgment was admissible in evidence and had been correctly marked as an exhibit by the trial court.
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