AIR 2011 SUPREME COURT 1492 ::2011 AIR SCW 1886 ::2011 AIR CC 1221 (SC) ::2011 (2) AIR Jhar R 486 ::2011 (2) AIR Kant HCR 524 ::2011 (2) AIR Kar R 524 ::(2011) 1 CLR 761 (SC) ::(2011) 1 WLC(SC)CVL 475 ::(2011) 3 CivLJ 114 ::(2011) 2 All RentCas 247 ::(2011) 2 CivilCourtC 405 ::(2011) 4 Mad LJ 887 ::2011 (4) SCC 240 ::(2011) 2 RecCivR 385 ::(2011) 3 Scale 290(2) ::AIR 2011 SC (Civil) 940 ::(2011) 2 CurCC 1 ::(2011) 2 AllMR 938 (SC) ::(2011) 4 Cal HN 105 ::(2011) 5 Bom CR 673 ::(2011) 2 Guj LR 1429 ::(2011) 1 Guj LH 586 ::(2011) 2 ICC 361 ::(2011) 4 Mad LW 805 ::(2011) MatLR 808 ::(2011) 3 MPLJ 83 ::(2011) 4 Mah LJ 88 ::2011 (1) KLT SN 151 (SC) ::(2011) 3 AndhLD 147 ::(2011) 2 KCCR 1389 ::(2011) 2 All WC 1704

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): P. Sathasivam, B. S. Chauhan , JJ

(A) Evidence Act (1 of 1872) , S.65— Secondary evidence - Photocopy of document - Admissibility - Executor merely admitted his signatures on photocopy of power of attorney but denied its content thereof - Court without considering probative value of contents of document, decreed suit for specific performance - Improper. R. F. A. No. 265 of 1999 D/- 3-2-2004 (Kant), Reversed. In a case where original documents are not produced at any time, nor, any factual foundation has been led for giving secondary evidence, it is not permissible for the Court to allow a party to adduce secondary evidence. Thus, secondary evidence relating to the contents of a document is inadmissible, until the non-production of the original is accounted for, so as to bring @page-SC1493 it within one or other of the cases provided for in S. 65. The secondary evidence must be authenticated by foundational evidence that the alleged copy is in fact a true copy of the original. Mere admission of a document in evidence does not amount to its proof. Therefore, the documentary evidence is required to be proved in accordance with law. The Court has an obligation to decide the question of admissibility of a document in secondary evidence before making endorsement thereon. Where the respondent had merely admitted his signature on the photocopy of the powe....