Missing of documents in court
pushpakrishna
(Querist) 03 July 2013
This query is : Resolved
Dear Experts,
I filed a case on behalf of the plaintiff and the same was decreed as defendant did not turn up to the court when the case was called on various dates.and Ex-bits marked as P1 to P9 on behalf the plaintiff. later the defendant filed set aside petition and the same also dismissed by the court as many adjournments given.the defendant filed an appeal in the Dist.court and allowed sent the lower court for evidence of the both the parties.Plaintiff filed chief affidavit filed and posted for cross examination.at that stage the marked documents are not traceable in the court file as the court order to mark again.the fault is court staff.kindly advice what to do.court is going on giving dates to search them.any alternative for this sir.Thanq.
ajay sethi
(Expert) 03 July 2013
if original documents have been filed by you in court and papers have gone missing then court shall attmept to trace out the said documents . if inspite of efforts papers are not traceable then you can file xerox copies of said docuemnts with court permission
Raj Kumar Makkad
(Expert) 03 July 2013
Make a written complaint to district judge for the loss of documents and meanwhile move an application for secondary evidence under section 65 of Evidence Act and lead it.
prabhakar singh
(Expert) 03 July 2013
The court has to go with an enquiry to trace documents where and how they got missed?
In case they fail to trace a secondary would be constructed.
Rajendra K Goyal
(Expert) 04 July 2013
Well advised by the experts, nothing more to add.
