Evidence filing in Regular Civil Suit - Hearing without WS stage

This is a valid concern. In civil suits involving property, courts often require primary evidence—meaning original documents—because property title documents are considered crucial evidence. But there are ways to handle this securely:

1. Why originals are usually required

• Under the Indian Evidence Act, Section 61–65, original documents are considered the best evidence ("primary evidence").

• Courts prefer to inspect the original title deeds to verify authenticity, signatures, and any alterations.

• Certified copies are usually secondary evidence and are only admitted if you can prove that the original is unavailable due to reasons beyond your control (lost, destroyed, in possession of the other party, etc.).

2. What you can do to protect yourself

• Option A: File originals in court custody

  • You may submit originals directly to the court, not just to your lawyer. The court keeps them in its record room under seal until the case is over. This way, you avoid personal risk of loss or misappropriation.

  • After trial, you can apply to have them returned by filing a formal application.

• Option B: Request the court to accept certified copies at first stage

  • If you are apprehensive, your lawyer can make an application under Section 65 of the Evidence Act stating reasons for filing certified copies instead of originals (e.g., originals are crucial for security or loan purposes).

  • The court may allow certified copies temporarily, but at the stage of final evidence, it will likely still call for the originals.

• Option C: Keep the originals but show them in court for verification

  • Sometimes, courts allow you to produce the original documents only for inspection, and then you can take them back the same day after the judge/lawyers mark and verify them. Certified copies can then stay on record.

3. Precautions if you must give originals

• Never give them solely to your lawyer without a receipt. If they must hold them, make sure to take a written acknowledgment.

• Prefer filing directly in court rather than leaving them with anyone.

• Get certified copies now from the sub-registrar’s office, so you have backups before handing over originals.

4. Bottom line

• Certified copies usually won’t be sufficient for the entire trial, unless you justify it under Section 65.

• The safest route is to file originals directly with the court so they’re under judicial custody, not with an individual.

• If your lawyer insists on originals, ask that they be filed in court immediately, not held at his office.