AZMAT TRADING CO. (PVT.) LTD. versus NDLC-IFIC BANK LIMITED
Arts & 76 & secondary 77 Preparation of Secondary Evidence, The photocopy of the application for the plaintiff was attempted to be prepared on the basis that the original documents were with a bank and company outside Pakistan and therefore they reached the plaintiff. And are not subject to this action. Secondary evidence justified in the court was exempt from the general rule and was intended to meet only the actual need and labor and could not be allowed as usual or without compliance with the requirements set forth in Articles 76 and 77 of the Convention. The contents of the documents contained in the testimony can be proved only by secondary evidence if the terms and conditions available under the article are mentioned and satisfied, Article 76 76 of the Convention Evidence provides an alternative method of proving the alternative document and Provided for a variety of reasons. Cannot be presented when the primary evidence was not available or was not presented, then it was lawful to submit the second evidence evidence that the treatment was designed to protect the person who sought the best out of his control. Despite being unable to produce preliminary evidence, such a benefit was not available to anyone who had deliberately or refused to file a document with some unlawful purpose or devilish object. The court in its possession, the power and control court was competent to determine whether sufficient ground had been prepared for the admission of secondary evidence, considering the parameters and dynamics of Article 7676, which discretion to use. Should. And the existence, condition or contents of the documents as secondary evidence of the circumstances of each case
Related judgments — Karachi High Court Sindh, 2013