Secondary evidence
koustubh bhide
(Querist) 04 October 2016
This query is : Resolved
I have one query... I am from defendent side. I appered in the matter at evidence stage. Previously lawyer was different. I am giving notice of advocate which is send to plaintiff by previous lawyer. But i dont have origional notice. Hence i am submitting xerox copy of previous advocate notice xerox copy in court as a evidence. My client is saying that origional copy of notice is with his previous lawyer and he is not providing it to him.
So my quary is whether i can say to the court that my xerox copy be treated as a secondary evidence. And it may be exhibit ed. Can court permit me ?
Dr J C Vashista
(Expert) 05 October 2016
You cannot have original copy with you/your client if it has been dispatched to addressee, recheck.
How come original filed in judicial file?
Who have filed, since you (or your predecessor) have sent to the addressee i.e., plaintiff?
If you are the author of notice, it is obvious that you have only office copy, which shall be "primary" evidence.
Discuss with some senior local lawyer to clear your doubt.
Kumar Doab
(Expert) 05 October 2016
You can benefit from the advise of Expert Dr. J C Vashista.
Rajendra K Goyal
(Expert) 05 October 2016
Full case file need to be referred.
Discuss with some senior lawyer and proceed.
cherukuri prasad
(Expert) 06 October 2016
Yes. Xerox is admissible depending upon facts and circumstances and if the other side do not object. Ask the court and see
