lost original judgement

HARVINDER SINGH ANAND (Querist) 01 December 2010 This query is : Resolved
The original judgement in the court file is not available,certified copy has also been lost and only xerox copy of the certified copy is available.Is such a document maintainable in the eye of law as secondary evidence?

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adv. rajeev ( rajoo ) (Expert) 01 December 2010
Then where the file has gone?
Xerox will not be considered fie an application for the certified copy of judgement and decree, at any cost court staff will search and will be supplied to you.

HARVINDER SINGH ANAND (Querist) 01 December 2010
It is a case of sabotage.

G. ARAVINTHAN (Expert) 01 December 2010
a judgment is a public document and need to produce certified copy only

Khaleel Ahmed Mohammed (Expert) 01 December 2010
The responsible person shall be punished as per law.

Devajyoti Barman (Expert) 01 December 2010
Yes on the basis of the photocopies the case record can be reconstructed.

Advocate Bhartesh goyal (Expert) 01 December 2010
I agree with Mr barman.

Advocate. Arunagiri (Expert) 01 December 2010
You can file a petition to dispense with the original / certified copy.

M V Gupta (Expert) 02 December 2010
As suggested by Mr. Arungiri you may apply to the court to dispense with the production of the original certified copy of the judgement and accept the xerox copy as substituted evidence of the original. But for this purpose you will have to produce a certificate from the registry of the court which pronounced the judgement that the relevant record of the case is missing and not traceable. you may also have to examine the Advocate who appeared in the earlier case to vouch for the correctness of the xerox copy.

Sri Vijayan.A (Expert) 02 December 2010
By the mistakes of the court's staff, the party can't be punished.
In this circumstance, act as per the advice of Adv.Arunagiri

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