Indian Evidence Act, 1872; Ss. 63 and 65(a):

Secondary evidence - Photocopies of documents - Admissibility in evidence - Requirement of - Held: Secondary evidence admissible only in the absence of primary evidence when proper explanation of its absence is given - It is necessary for the party to prove existence and execution of the original document - Thus, photocopies of documents could be admitted in evidence as secondary evidence subject to fulfillment of certain conditions as laid down under Section 65 - Since the conditions are not satisfied, the documents in question cannot be admitted as secondary evidence.

The question which arose for consideration in this appeal was as to whether photocopies of the documents could be received as an evidence under the head 'secondary evidence' without complying with the requirement of Section 65 of the Indian Evidence Act.

Appellant contended that the High Court could not have ignored the mandatory requirements as contemplated under Section 63 of the Act more specifically when the Section provides that when the copies made from the evidence can be adduced as secondary evidence; and that the mandatory prescriptions in Section 65(a) of the Act have been lost sight of.