Section 35 - Evidecne Act

Evidence Act Section 65

Public documents clearly stated that the original is not available and only a photocopy of the said letter is available on the record

Evidence Act, 1872 (1 of 1872) Section 65(a) – Secondary evidence – Pre-conditions for leading additional evidence is that the party must establish that the original is lost, destroyed or unavailable – Public documents clearly stated that the original is not available and only a photocopy of the said letter is available on the record – These statements would be sufficient to satisfy the ingredients – No fault or neglect could be attributed to the respondent – Photostat copies of the documents are required to be proved in terms of their execution - The genuineness, correctness and existence of the document shall have to be established during the trial and the trial court shall record the reasons before relying on those secondary evidences. (201) PLR 068