• Secondary evidence

in a matter before the civil court, we have relied on some documents, the originals which are in the possession of the other side. The court allowed us to produce secondary evidence. We have got the documents from the CLB, where it was filed by the other side. When we gave them as secondary evidence, the other side lawyer objected to the same on the ground that they were not certified copies of the originals. During the ensuing arguments, it was seen that the other side had already filed the same documents in the civil court and the same were taken as exhibits.
However, they are still objecting to us relying on those documents.
What can I do?
Asked 2 years ago in Civil Law from Margao, Goa
1) in case original documents are in possession of defendants you should have issued notice to produce the originals to the defendants . 

2) if they did not produce the originals court would have permitted you to give  secondary evidence . 

3) if you have obtained documents from CLB you must make an application and obtain certified copies of said documents . 

4) certified copies would be taken on record by court . 

5) if defendants have already filed the original documents and have been marked as exhibits you dont need to produce copies of said documents
Ajay Sethi
Advocate, Mumbai
23126 Answers
1215 Consultations
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1) if you have  followed the procedure prescribed by CPC court will permit you to lead secondary evidence . 

2) inspite of notice defendant did not produce originals 

3) further you have filed certified copies of documents from CLB 

4) in any case original documents are on court record .
Ajay Sethi
Advocate, Mumbai
23126 Answers
1215 Consultations
5.0 on 5.0
Hi, as per law you have followed the procedure and in the given circumstances you are permitted to produce the secondary evidence and the objections of the other side will not considered by the court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
you may file an application for issuing summons to CLB OFFICIALS for geniousness  of documents.

the court will reject their objections due to the previous court order in which court allow your application for produce secondary evidence.

you may use the principle of Estoppel.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. You can file an application before the Court praying for direction upon the iopposite side to produce the noriginal documents before the Court,

2. In case f failure by the otherside to cpmly with the said direction of the Court, you will be allowed to produce your secondary evidence,

3. You should have collected certified copies from the CLB,

4. If the defendants have already filed those original documents as exibits, then what is the problem now? You can refer tose documents now,
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. You have already followed the procedure and the Court has accepted,

2. You have not mentioned as to what the Court has commented on those objections,

3. However, since original documents have already been filed by the defendants, you can refer those documents as evidence in support of your allegation.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. You have followed the procedure laid down under the law. The notice was issued to the opposite part to produce the documents, which did not fructify. So you applied for secondary evidence and the court allowed your application to produce secondary evidence.

2. You have produced the certified copies from CLB, to which the other side has objected. The objections raised by the other side are very lame and may be rejected by the court.

3. There is no need for you to produce the documents which have already been filed by the opposite side and which have been exhibited. You can just refer to those documents in your evidence.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. The court has already allowed you to lead secondary evidence.

2. The certified copies of documents obtained from CLB will be taken on record. However, I maintain that you are not required to produce the documents which have been exhibited by the other side.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Hello,
1] As you have produced the certified copies and the originals are already produced by the  opposite party in the original you can rely on them and the court shouldn't have a problem neither the court as they are already admitted.
2)  Therefore even though there is an objection raised it won't stand and you won't be required by the court to produce the originals as you have been already granted permission to lead secondary evidence.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0

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