Evidence act section 65 application is compulsory or not?
GANGAM.RAJENDER.
(Querist) 24 January 2016
This query is : Resolved
Respected experts,
we are the defendants in the suit and filed the xerox copy of undertaking letter with written statement which was executed before the elders and original document is kept with the elders.elders are not the parties to the suit .
if the officer rejects the xerox copy at the marking stage as secondary evidence we are the great sufferers.
Q1. IS IT COMPULSORY TO FILE APPLICATION UNDER SEC 65 OF EVIDENCE ACT TO REQUEST THE OFFICER TO MARK THE XEROX AS SECONDARY EVIDENCE SIR.OR IF ANY ALTERNATE PROCEDURE PLS GIVE ME SUBSTANTIAL SOLUTION SIR.
Q2. CAN WE SEEK PERMISSION TO SUMMONS TO ELDERS TO PRODUCE THE ORIGINAL DOCUMENT BEFORE THE HON'BLE COURT SIR.PLS GIVE ME SOLUTION SIR.
THANK YOU SIR .
ROHIT SHARMA
(Expert) 24 January 2016
1. Yes, s-65 of I.E.Act does define and accepts a secondary evidence in form of document which may be a xerox copy submitted with your counter written statement.
2. initially such document will be deemed as Mark and not an Exhibit.
3. You can serve a notice to have the person who has the original of such secondary document to produce it before the court.
4. An efficient advocate should be able to process such marked documents and have them admitted as Exhibit while cross examining the plaintiff.
Rajendra K Goyal
(Expert) 25 January 2016
No reply if query is academic or professional.
GANGAM.RAJENDER.
(Querist) 25 January 2016
thank you rohith sharma sir for your valuable reply.
Q1.UNDER WHAT CPC ORDER/RULE WE HAVE TO GIVE NOTICES SIR?
PLS GIVE ME SOLUTION SIR.
T. Kalaiselvan, Advocate
(Expert) 30 January 2016
It will be under Order XII Rule 8
Notice to produce documents
Notice to produce documents shall be in Form No. 12 in Appendix C, with such variations as circumstances may require. An affidavit of the pleader, or his clerk, of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served.
GANGAM.RAJENDER.
(Querist) 30 January 2016
thank you T.Kalaiselvan sir for your valuable reply.
GANGAM.RAJENDER.
(Querist) 30 January 2016
Respected T.Kalaiselvan sir,
Q1.what is the difference between the ORDER XI RULE 16 And ORDER XII RULE 8 of C.P.C SIR (i.e notice to produce document .).
Thank you sir.
