Evidence lost or misplaced by court record staff
Querist :
Anonymous
(Querist) 23 February 2024
This query is : Resolved
I have a civil tenancy case and as part of evidence of conversations with my tenant, the phone used for communication was also submitted as evidence and marked. However, the case was transferred to another court and when they instructed the records to be submitted, it was discovered that the phone was missing and hence the lower court kept postponing. I suspect that there may be a foul play involving court staff and my tenant.
Kindly advice how to handle this. Can I lodge an official complaint against the court record staff for loosing the evidence?
Thanks in advance.
T. Kalaiselvan, Advocate
(Expert) 23 February 2024
You can give a complaint to the registrar of the court about this especially if the documentary evidence was already marked then it becomes the duty of the record staff to properly maintain them.
As a matter of fact the case details and the evidences will not be kept in the record room because the case is still going on, hence it would be work of the court staff of that particular court.