Photo copy of a document is admissible as secondary evidence when compared with the original.
On examination of the evidence, it is clear that the party had tendered the Agreement to Sell as an Exhibit after showing to the Trial Court original Agreement to Sell.
” It is also necessary to point out that the learned Trial Court wrongly observed that Appellant No. 1 had claimed the Suit Property solely on the basis of Agreement to Sell (Ex. PW-1/2). It further observed that the Agreement to Sell was also merely a photocopy. However, on examination of the evidence, it is clear that Appellant No. 1 had tendered the Agreement to Sell as an Exhibit after showing to the learned Trial Court original Agreement to Sell.”
Bimla Chopra and Ors. vs. Kuldeep (02.05.2023 – DELHC) : MANU/DE/2965/2023