I have lost my original which was draft in 1977.
Pallavi Kalwar
(Querist) 19 August 2013
This query is : Resolved
Dear Sir,
WE are charitable trust and matter is pending in the court. We have lost my original lease agreement which was made in the year 1977, lease agreement was not registrar. Now We have produce in the Court will it be accepted since my lawyer is saying that it not possible.
We don't no whether our information is right or wrong that if the document is 30 year old and if there is no original than xerox can be used as original.
Pls. let me know were we can find such case law or book.
thanking you,
prabhakar singh
(Expert) 19 August 2013
You are laboring under misconception.
Any original document being 30 year old can be presumed to have been genuinely executed
and court can in it's discretion dispense with
formal proof thereof.
The idea behind the rule is that in thirty years span of time the executant or witnesses might have died or migrated to some place unknown to party relying on such a document,if they are available,court may insist for their evidence.
A xerox is xerox and can be admitted only on party proving loss of original as a secondary evidence of the original.
Misplacement of original as not traceable even after due search may also be a plea in case loss was not reported to police.
Rajendra K Goyal
(Expert) 19 August 2013
Well advised by the expert prabhakar singh ji, nothing more to add.
Raj Kumar Makkad
(Expert) 21 August 2013
Such evidence can definitely be put in evidence on the plea of loss and it is difficult to be agree with your lawyer to that extent.
