NDLI: Jagmail Singh & Anr. Vs. Karamjit Singh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Evidence Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Evidence Act, 1872 – ss.65 and 66 – Entitlement to lead secondary evidence in respect of a document – Appellant filed suit for declaration of title in respect of land and for declaration that the mutations sanctioned by Assistant Collector in favour of pre-decessors-in-interest of respondent 1 to 3 were illegal, null and void – During pendency of suit, appellant filed application under ss. 65/66 seeking permission to prove copy of Will by way of secondary evidence – Trial court allowed the application – However, High Court set aside order of trial court holding that appellant ought to have given notice to revenue officials under s.66 for producing original will as claimed – Thereupon appellants filed application u/s.66 – The revenue officials were issued notice for production of original Will but they failed to produce the Will – The said application was dismissed by trial court – Appellants unsuccessfully filed revision petition u/Art.227 before High Court – Hence instant appeal – Held: In terms of s.65, secondary evidence may be given with regard to existence, condition or the contents of a document when the original is shown or appears to be in possession or power against whom the document is sought to be produced, or of any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to produce it, and when, after notice mentioned in s.66 such person does not produce it – It is trite that under the Evidence Act, facts have to be established by primary evidence and secondary evidence is only an exception to the rule for which foundational facts have to be established to account for the existence of the primary evidence – In the case at hand, while both the revenue officials failed to produce the original Will, their cross-examination showed that neither of the officials unequivocally denied the existence of the Will – Furthermore, the evidence of existence of Will was established from examination of scribe of the Will i question – Thus, the factual foundation to establish the right to give secondary evidence was laid down by the appellants and High Court ought to have given them an opportunity to lead secondary evidence – High Court committed grave error of law without properly evaluating the evidence and holding that the pre-requisite condition i.e., existence of Will remained unestablished on record and thereby denied an opportunity to the appellants to produce secondary evidence – Appellants would be entitled to lead secondary evidence in respect of the Will in question.
Judge	Hon'ble Mr. Justice Krishna Murari
Neutral Citation	2020 INSC 396
Petitioner	Jagmail Singh & Anr.
Respondent	Karamjit Singh & Ors.
SCR	[2020] 4 S.C.R. 1163
Judgement Date	2020-05-13
Case Number	1889

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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