Bishambar alias Bishambar Singh vs Tara Devi

K. Kannan, J.—The revision petition is against the order directing a certified copy of the agreement which is sought to be enforced to be

received in evidence. The petitioner''s case was that the original had been filed in another case and the certified copy was also obtained for the

document but the original is not available with them. The issue of whether secondary evidence could be permitted or not is invariably a matter of

evidence and all that is necessary to be examined is whether the grounds u/s 65 of the Evidence Act are made out for production of secondary

evidence. A court cannot prejudge an issue of a mere contention taken by the opposite party that the original is available or any of the

circumstances mentioned u/s 65 are not fulfilled, but shall be tested in the cross-examination of the party seeking to rely on the secondary evidence.

The court may decide the grounds urged at the time of disposal of the suit and consider whether the document could be relied on or not. Even a

mere fact that a document is received in evidence and exhibited as a document does not dispense with proof of the document. It has to be

independently established in the course of trial. The manner of consideration of prayers for secondary evidence has been considered by this Court

in three judgments Simarpal Singh Vs. Hakam Singh S.P. Arora Versus Satbir Singh- 2010 (5) RCR 530 and Atma Nand (deceased) through

L.R. Versus Ram Sarup (deceased) through his L.Rs- 2012 (1) PLR 440. The petitioner cannot have a grievance now that the document has been

ordered to be received. He may reserve all the objections to be taken in the course of cross examination and elicit matters which according to the

petitioner are relevant as regards the issue of extent of admissibility that this document could have. At the time of bringing the case for admission, it

is also urged that the document is not sufficiently stamped. A secondary evidence as a document cannot be stamped. If the original document itself

is not stamped, then the issue of admissibility will be considered in the light of Section 35 of the Stamp Act and at the time when the Court delivers

judgment.

Reserving to the petitioner the right as mentioned above, the revision petition challenging the order is dismissed.