NOT TRACEBLE RECORD BY THE PUBLIC DEPARTMENT
manoj
(Querist) 14 June 2011
This query is : Resolved
Hi all,
I have a query that if a court summons a witness from govt. department to produce some record in original , but when the govt . dept. witness appears he submits that despite best efforts the records are not traceable , then in the absence of the original record which are non traceable can the photocopies already place on record from the date of initialization of the suit , can it be used as secondary evidence for its content & it is pertinent to mention here that the notice u/s 66 evidence act has already been served to the opposite party.
Regards,
Manoj
PALNITKAR V.V.
(Expert) 14 June 2011
if it is proved that the original is lost, then secondary evidence can be produced and contents also can be proved.
prabhakar singh
(Expert) 14 June 2011
IF CERTIFIED COPY IS ON RECORD ,NO PROBLEM ARISES,IF IT IS NOT,AS Mr.Palnitkar v v,OPINES, SECONDARY EVIDENCE WOULD BE ADMISSIBLE.
Ashok Yadav
(Expert) 14 June 2011
Mr. Prabhakar Singh has advised rightly.
