Secondary Evidence--Photocopy of Power of Attorney Inadmissible Unless Factual Foundation Established and Mandatory Procedure Complied With
A photocopy of Power of Attorney constitutes secondary evidence and cannot be relied upon unless twin requirements under Section 65 Evidence Act are satisfied: factual foundation proving existence, execution, and valid reason for non-production of original; and strict compliance with procedural conditions. Section 85 Evidence Act presumption regarding execution of powers of attorney is inapplicable to documents not properly admitted in evidence. Reliance on inadmissible evidence constitutes substantial question of law empowering interference under Section 100 CPC.
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