Secondary evidence of a lost sale agreement may be allowed at the threshold when a prima facie foundation is shown.

Secondary evidence of a sale agreement may be permitted where the original is shown to be lost or destroyed and a prima facie foundation is laid, including proof of loss and reasonable search. Under Section 65(c) of the Indian Evidence Act, an attested copy may qualify as secondary evidence, and objections about denial of execution, the Notary's competence, or the copy's genuineness are matters for trial rather than grounds to refuse the application at the threshold. The order allowing secondary evidence was upheld.

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Issues: Whether permission could be granted to lead secondary evidence of the agreement of sale on the ground that the original was lost and the attested copy was produced, and whether such admissibility had to be deferred until trial.

Analysis: Section 65(c) of the Indian Evidence Act, 1872 permits secondary evidence where the original is lost or destroyed, subject to proof of loss and a reasonable search for the original. Section 63(3) recognises as secondary evidence a copy made from or compared with the original. The mere denial of execution or the objection that the copy is disputed does not, at the threshold stage, prevent an application for secondary evidence if a prima facie foundation is laid. The competence of a Notary to certify or attest a copy and the genuineness of the copy were treated as matters to be tested by evidence at trial, not as reasons to refuse the application outright. The authorities cited by the revision petitioners were distinguished because they concerned ordinary photocopies or cases where no foundation for secondary evidence had been laid.

Conclusion: The order allowing secondary evidence was upheld, and the objection to admissibility at the threshold was rejected.

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