Non tracable public document

manoj (Querist) 25 March 2011 This query is : Resolved
Hi experts,
I just have a question in mind that if the public record is untraceable within the department and the department official submits in court that the document is untraceable , so will the xerox copy be treated as secondary evidence in such circumstances any specific judgment for the same .
Thanking you ,
manoj

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M.Sheik Mohammed Ali (Expert) 25 March 2011
if the concern dept accepted the document is untraceble, so you can u xerox is secondary evidence

manoj (Querist) 25 March 2011
thanks for the reply sir can you please suggest me any judgment if possible regarding the same..
thanks

Devajyoti Barman (Expert) 25 March 2011
Yes it would be treated a secondary evidence. See section 65 of the Indian Evidence Act.

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