https://www.taxtmi.com/caselaws?id=290065 A decree cannot be sustained on a case not pleaded, because evidence alone cannot support a new factual foundation introduced beyond the written statement. The HC also held that photostat copies of documents could not fasten liability without production of the originals, proof of execution, or a lawful basis for secondary evidence under Section 65 of the Indian Evidence Act, 1872. Mere marking of photocopies as exhibits did not prove their contents or execution, and the absence of attesting witness evidence was fatal. The first appellate court's reversal was therefore set aside and the trial court's decree restored. en-us Tue, 01 Dec 2009 00:00:00 +0530 Mon, 07 Sep 2020 15:55:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290065 A decree cannot be sustained on a case not pleaded, because evidence alone cannot support a new factual foundation introduced beyond the written statement. The HC also held that photostat copies of documents could not fasten liability without production of the originals, proof of execution, or a lawful basis for secondary evidence under Section 65 of the Indian Evidence Act, 1872. Mere marking of photocopies as exhibits did not prove their contents or execution, and the absence of attesting witness evidence was fatal. The first appellate court's reversal was therefore set aside and the trial court's decree restored. Case-Laws Indian Laws Tue, 01 Dec 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290065