Facts of the Case

• A civil dispute is pending between the parties concerning certain property rights.
• The Plaintiff relies on a Sale Deed to prove ownership and legal interest in the property.
• Instead of producing the original Sale Deed, the Plaintiff produces only a Xerox copy before the Court.
• The Defendant objects to the admissibility of the Xerox copy, arguing that only the primary evidence is acceptable.
• The Plaintiff claims that the Xerox copy should be accepted as secondary evidence due to the unavailability of the original.

Issues in the Case

1. Is a Xerox copy of a Sale Deed admissible as evidence under the Indian Evidence Act?
2. If admissible, under what circumstances can a Xerox copy be treated as secondary evidence?
3. What conditions must the Plaintiff satisfy before the Court can accept the Xerox copy?
4. Does non-production of primary evidence (original document) require satisfactory explanation?

Legal Principles Supporting Case Proceedings and Judgements

Primary Evidence – Section 62, Indian Evidence Act

• The original document is primary evidence and must be produced unless exceptions apply.
• A sale deed is a document of title, and ordinarily, only the original is acceptable.

Secondary Evidence – Section 63, Indian Evidence Act

A Xerox copy falls under Section 63(2) and (3), which includes:

• Copies made from the original by mechanical processes ensuring accuracy.
• Copies made by other processes (including xeroxing).

When Secondary Evidence May Be Given – Section 65

A Xerox copy is admissible only if conditions under Section 65 are met.

Relevant Clauses for This Case:

Section 65(c): When the original is lost or destroyed

• If the Plaintiff proves that the original Sale Deed is lost, misplaced, destroyed, or otherwise unavailable despite due diligence, secondary evidence becomes admissible.

Section 65(a): When the original is in possession of the adversary

• If the original is with the Defendant or another person who refuses to produce it even after notice under Section 66, the xerox copy becomes admissible.

Section 65(f): Certified copies allowed

• For registered sale deeds, a certified copy from the Registrar’s office is ideal, and courts prefer certified copies over simple Xerox copies.

Judicial Precedents

1. H. Siddiqui v. A. Ramalingam (2011) 4 SCC 240

• Mere marking of a Xerox copy is not proof of its contents.
• Secondary evidence is admissible only after proving the loss or non-availability of the original.

2. J. Yashoda v. K. Shobha Rani (2007) 5 SCC 730

• Secondary evidence cannot be admitted unless foundational facts (loss, destruction, possession by opposite party) are established.

3. Smt. Rangammal v. Kuppuswami (2011) 12 SCC 220

• Courts must insist on strict compliance with Section 65 before admitting Xerox copies.

Key Principle

A Xerox copy cannot be admitted directly. The admissibility depends on establishing the prerequisites for secondary evidence under Section 65.

Possible Judgment

Admissibility

• The Xerox copy of the Sale Deed is not automatically admissible.
• It can be admitted only as secondary evidence if the Plaintiff proves:
  • Loss, destruction, or non-traceability of the original (Section 65(c)), or
  • That the original is in the Defendant’s possession, and notice to produce it was given (Section 65(a) & 66).

Court’s Likely Decision

• The Court will ask the Plaintiff to:
  • File an affidavit or evidence proving the circumstances of the loss or non-availability of the original.
  • Show that reasonable search was made OR notice was issued to the opposite party.

Probable Outcome

• If the plaintiff proves loss/unavailability or wrongful withholding of the original:
  The Court may admit the Xerox copy as secondary evidence under Section 65.
• If the plaintiff fails to prove these foundational facts:
  The Xerox copy will be rejected as inadmissible, and the plaintiff may be directed to produce a certified copy from the Registrar under Section 65(f).

About lawgnan

If you are currently involved in a property dispute or facing challenges related to proving ownership with sale deed documents, it is crucial to understand what counts as admissible evidence under the Indian Evidence Act. Don’t risk losing your case due to improper documentation or lack of legal awareness. Visit Lawgana.in to access expert legal guidance, detailed explanations, and step-by-step support for presenting secondary evidence like Xerox copies in court. Whether you are a plaintiff or defendant, Lawgana helps you make informed legal decisions. Empower yourself with accurate legal knowledge—explore more on Lawgana.in.