• Is it possible to re exhibit the evidence documents

Is it possible to re exhibit the evidence documents which only photocopies were present and marked as OSR but original didn't showed at any stage.
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

No you cannot exhibit the photocopies of the documents but the documents can be marked if photocopies are accepted by witness during evidences. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

See the court can before final order call for original papers to exhibit and verify . The document along.with application to exhibit and list of documents can be produced before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Photocopies can't be exhibited. Only original or certified copies can be exhibited. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Photo copy (OSR) exhibited are as good as original. However, at the time of cross examination, opposite counsel can ask for original just to see it from your possession.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

You have to in your evidence make specific averments that original has been lost or misplaced 

 

2) that photocopies were done by you 

 

3) only then can photocopies be marked as exhibits 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi

In response to your query the answer is "YES & NO" 

First instance, in order to take the re-exhibit, the party relying on the said exhibit need to mention in his (pleadings) and specifically mention where the Originals are lying and his inability to produce at the relevant time.

Second instance, re-exhibit will not be considered if specific plea of the status of originals is not taken in pleadings.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yes you can do it in case court is not taking any notice are there we dancers because of the photocopy you have to produce the originals before the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Photocopies are secondry evidence. The primary evidence is the original copy which is admissible in evidence. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Unless it is not proved that originals are either destroyed or not in possession, cannot be exhibit.

What do you mean by re exhibit ? 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The photocopies are not allowed to be marked as exhibits i the civil suits, hence you may have to produce the original documents to mark the documents as exhibits in your case.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- An application may be submitted to Hon'ble court on revisiting the previous order against exhibited evidence if any order announced against beside with permission of the court in any way same can be re-exhibited with the ground of crucial documents to the case.

- Please note without court permission same is not possible. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

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