secondary evidences

Querist :
Anonymous
(Querist) 29 June 2011
This query is : Resolved
In my brother's case the opposite party tried to file photocopies of certain documents though it had originals. The trial court refused him. Opposite party lost the case and filed appeal. It sought of leave court to lead secondaryevidences as attested true copies of some documents stating that trial court had refused to take these papers. We contested that these are not same documents moreover party has originals so these should not be allowed to file. The appellate court accepted that there is doubt whether these are same documents but allowed the party to file those copies stating that trial court should have allowed filing of photocopies. The court says that whether originals are available or not, is to be decided later when party proves these documents and not at filing stage. we disagree. pl suggest course available to us

Guest
(Expert) 30 June 2011
FIRST YOU HAVE FILE THE NOTICE TO PRODUCE THE ORIGINALS THEN ONLY YOU HAVE A COURSE IN THIS MATTER