...defendants have no serious objection. Instead of resorting to adopt such a course, the plaintiff appears to be insisting for marking of Xerox copy. In such circumstances only, the District Munsif has chose...to refuse to grant permission for letting secondary evidence by marking Xerox copy. Therefore, for letting secondary evidence in respect of a Will, there should be permission of the Court concerned...original Will into Court and she filed the present I.A for permission of the District Munsif to mark the Xerox copy of the said Will for the purpose of proving the signature of the Testatrix as we...

...has dismissed the application stating that the respondent/plaintiff is denying the existence of such documents and it is open for the petitioner to mark xerox copy of the fld; gj;jpuk;> dated 23.01.2021 in accor...plaint filed before the Trial Court. 2 4. It is open for the petitioner to mark photo copy of the aforesaid fld; gj... C.R.P(MD)No.700 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED...

...Bangalore is before this Court, aggrieved by order dated 11.09.2023 rejecting marking of Xerox copy of General Power of Attorney (for short "GPA") dated 25.01.1996 as inadmissible in evidence...") would submit that when it is the case of the petitioner/first defendant that the original has been destroyed or lost, the trial Court ought to have permitted production and marking of the Xerox copy ...foundation saying that the original is misplaced, the trial Court ought to have allowed marking of Xerox copy of GPA subject to 8...

...learned single 1/4 Judge has permitted marking of xerox copy of a document, viz., death summary...Additional Master for marking of the xerox copy of the death summary. 8. However, we make it clear that such marking is subject to the objections, if any, raised.... 2. The main contention put forth by the learned counsel is that the xerox copy of the document, which is sought to be marked is not accompanied with a certificate in accordance...

...plaintiffs in the plaint have taken a specific contention that the original memorandum of partition is with defendant No.1. While leading evidence, the plaintiffs have placed reliance on the xerox copy of the memor...document for want of registration. The order of the learned Judge in declining to mark xerox copy of the document suffers from serious infirmities. 3. If the plaintiffs have laid a founda...copy does not in itself amount to proof of document. The nature of disputed document in question also needs examination after full fledged trial. The plaintiffs are asserting that the...

.../first respondent. Without resorting to this primary step, this application has been filed seeking to mark the xerox copy of the agreement of sale as secondary evidence in the suit. In this connection, the learned ...regarding the existence of the agreement and consequently permitted marking of xerox copy. In this case, the applicants have not taken any such steps.10. In this connection, it is...by the plaintiffs under Order XIV Rule 8 of OS Rules of this Court, read with Order 7 Rule 14(3) CPC seeking permission to produce the xerox copy of the Sale agreement...

...court in these writ petitions. 5. Learned counsel for the petitioners submits that the original agreement dated 4.10.2008 is with the first defendant. Xerox copy is with the petitioners. Therefore, the petitione...made very clear that mere marking of xerox copy of the agreement does not amount to establishing plaintiffs case, all the surrounding circumstances have to be considered for coming to right and...petitioners wanted to lay foundation for secondary evidence i.e., the xerox copy of the agreement which was available with them. These two applications were dismissed. Hence, the petitioners are before this...

...ques tion of marking secondary evidence does not arise. The learned Magistrate overruled the objection and permitted the complainant to lead secondary evidence by producing the xerox copy of the M. O. U.... The learned senior counsel submitted that, such observation was also not warranted. He further submitted that, when the existence of document itself is not proved by the complainant, question of marking of ...xerox copy of alleged original. 9. He submitted that, the existence of original is must. If the existence of the origi nal itself is not proved, allowing of marking the s...

...marking secondary evidence does not arise. The learned Magistrate overruled the objection and permitted the complainant to lead secondary evidence by producing the xerox copy of the M.O.U subject to proof...submitted that, such observation was also not warranted. He further submitted that when the existence of document itself is not proved by the complainant, question of marking of xerox copy as seco...Magistrate has permitted the production of xerox copy of alleged original.8. He submitted that, the existence of original is must. If the existence of the original itself is not pro...

...Sessions Judge at Bengaluru is before this Court, aggrieved by order dated 04.10.2023 rejecting marking of Xerox copy of agreement of sale dated 04.06.2000. 2. Heard...petition papers, I am of the view that the trial Court rightly rejected petitioner's request for marking Xerox copy of the sale agreement dated 04.06.2000 and the impugned order is neither perverse nor...Indian Evidence Act, the trial Court is justified in rejecting petitioner's request for marking Xerox copy of agreement of sale dated 04.06.2000. The petitioner contended that notice to defendant No.7 was...

...petitioner would submit that the xerox copy of the document cannot be allowed as evidence for any purpose to mark even as secondary evidence which is not emanated from the correct origin and the marking of...stipulated in the order 16 of CPC and the said application could not be maintainable in view of Sections 63, 65 and 66 of Indian Evidence Act. The xerox copy is no way connected and relevant to decide the ...before the Court below that original copy of the said undertaking is available with the petitioner's brother which xerox copy was filed along with the written statement. For marking of the origina...

...to mark xerox copy of the settlement deed as Ex. B1, without any pleadings and ground for marking secondary evidence as prescribed under Section 65 of Indian Evidence Act.9. Whether...marking of xerox copy of settlement deed as Ex. B1 cannot be a ground to deny the right of the defendant, when the plaintiff himself admitted the title of the defendant. Even assuming tha...PRAYER in S.A. No. 313 of 2008: Second Appeal filed under Section 100 of the Code of Civil Procedure against the decree and judgment dated 31.10.2007 passed in...

....14. As rightly held by the trial Court, if the defendants have any objection over the marking of xerox copy of the document dated 11.8.1996, the trial Court can make a note of ...document in question dated 11.8.1996 is a partition list. In such circumstances, there was no harm in marking the xerox copy of the said document, as the defendants have failed to produce the original...defendants 2 and 8 have filed petition under Section 65 of the Indian Evidence Act and Section 151 of CPC praying not to mark the xerox copy of the partition deed dated...

...MARKING THE XEROX COPY UN REGISTERED AGREEMENT OF SALE DTD:23.12.2011 AS EX.D-1 VIDE ANNEXURE-M DURING THE COURSE OF CROSS EXAMINATION OF PW-1 BY THE HON'BLE CITY CIVIL JUDGE A...dated 22.7.2016 marking the Xerox copy of unregistered Agreement of Sale dated 23.12.2011 as Ex.D.1 though it was objected by the advocate for the plaintiffs stating that the Xerox copy c...marking xerox copy of the unregistered agreement of sale dated 23.12.2011 as Ex.D1 during the course of evidence of PW.1 is erroneous and contrary to the material on record. He would furt...

...Court without considering the submission made by the learned counsel for the petitioner herein, allowed the petition in I.A.No.92 of 2017 for marking the xerox copy of the part of chit, dated...execution of the documents dated 08.02.1970. The Trial Court has also elaborately discussed about the marking of the xerox https://www.mh2c/.4tn.gov.in/judis 2 ...the document. The Trial Court has rightly observed that merely marking of the xerox copy of the document alone would not prove the title of the...

...227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.6.2.2021 PASSED BY THE CITY CIVIL JUDGE AT BANGALORE (CCH-15) MADE ON MARKING OF ...regarding admissibility of a document Photostat copy / Xerox copy of the Agreement dated 08.04.2017 produced by the respondent - defendant was kept open by the Trial Court to be decided at the time ... - 3 - petitioner - plaintiff as alleged in para 10 of the plaint of the Photostat copy / Xerox copy of the...

...Section 65(a) of the Indian Evidence Act and Section 151 C.P.C. for marking of xerox copy of the rental agreement dated 28.07.2005 as secondary evidence. 4.According to ...and it was the case of the first respondent that the original was with the revision petitioner and he was having only xerox copy, he filed the memo for production of original and in that context...made from the original by mechanical process. In addition to that, the first respondent is claiming that the deceased second defendant made an endorsement on 24.06.2007 in the bottom of the xerox copy...

...it was permitted. In the light of it, it is for the opposite party who are relying on the letter Ex.B3 to prove the contents of the same. Mere marking of Xerox copy of a letter purported .... The only document filed by the opposite parties is a letter stated to have been written by Dr. Surya Prakash who treated the deceased and same is exhibited as B3. This is Xerox copy of letter and not...papers and discharge summary 3. Complete case sheet copy with internal assessment and notes 4. All reports and policy copies. The documents were submitted on 8-10-2015 after expiry of stipulated date...

...either in person or through counsel. 8. From the materials available on record, it is seen that the respondent has sought for permission to mark xerox copy of the sale deed dated 10.01.2008. The respondent...reveals that the respondent has not stated about the sale deed dated 10.01.2008 in the written statement. The learned Judge failed to consider the contention of the petitioner that xerox copy of the document cannot...affidavit and opposed the said application and submitted that the document filed by the respondent is only a xerox copy of the sale deed. The said document is false and fabricated one. It is only a...

...the trial Court by its order dated 8 July, 2015. When a xerox copy of the partition deed was sought to be produced in pursuance of this order, an objection was raised by defendant No. 1 to the marking ...defendants to produce the original was rejected by the trial Court and in the premises, the impugned orders for production of secondary evidence and marking of the xerox copy could not have been passed...7 July, 2017 permitting respondent No. 1 (original plaintiff) to adduce secondary evidence of a partition deed and taking on record a xerox copy thereof as an exhibit.3. The suit is for...