Evidence Act, 1872–Sec. 65–Scope–There is no requirement that an application is required to be filed in term of Sec. 65(c) before the secondary evidence is led–A party to the lis may choose to file an application which is required to be considered by the trial Court but if any party to the suit has laid the foundation of leading of secondary evidence either in the plaint or in evidence, the secondary evidence cannot be ousted for consideration only because an application for permission to lead secondary evidence was not filed.
