Thursday 2 September 2021

Supreme Court: It is not mandatory to file application seeking permission to adduce Secondary evidence

 There is no requirement that an application is required to be filed in terms of Section 65(c) of the Evidence Act before the secondary evidence is led. A party to the lis may choose to file an application which is required to be considered by the trial court but if any party to the suit has laid foundation of leading of secondary evidence, either in the plaint or in evidence, the secondary evidence cannot be ousted for consideration only because an application for permission to lead secondary evidence was not filed.

Supreme Court of India
Dhanpat vs Sheo Ram (Deceased) Through His ... on 19 March, 2020
Author: Hemant Gupta

Bench: Hon'Ble Dr. Chandrachud, Hemant Gupta
Read full Judgment here: Click here
Citation: 2020 ALL SCR 990
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