Application of Secondary Evidence in Property Recovery Suit (India) by OLL

Open Legal LibraryUpdated 19 Oct 2026

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Application of Secondary Evidence in Property Recovery Suit

IN THE COURT OF SENIOR CIVIL JUDGE, _____

_____  Versus  _____

SUIT FOR RECOVERY

APPLICATION FOR SECONDARY EVIDENCE

Sir,

 The applicant submits as under:-

        That the _____ i.e. Defendant No. _____ is the son of borrower namely _____.

The father of the defendant No. _____has been expired before filing the recovery suit. The defendant No. _____ inherited the immoveable property and _____ on dated _____.

The original sale deed is not in our possession. The original sale deed of _____ which was registered on that day in the Sub Registrar, _____, this property is has been sold by the defendant No. _____ to _____

son of _____,

resident of _____.

The secondary evidence is necessary to prove the documents. 

The certified copy of sale Deed is attached herewith

PRAYER
 
It is, therefore, prayed that the application for secondary evidence may kindly be allowed.
Dated:_____        

Applican

This document is a formal application used in a property recovery suit to request the court's permission to submit secondary evidence. It is specifically designed for situations where the original sale deed is unavailable and a certified copy must be used to prove ownership or inheritance.

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About this template

What is this template?

This is a procedural court filing used in Indian civil litigation to bypass the requirement for original documents. It contains specific assertions regarding the death of a borrower, the inheritance of immovable property by a defendant, and the current location of the original sale deed. It is not a substantive motion for judgment or a deed of conveyance.

When should you use it?

Use this filing when an original title document is lost or in the possession of a third party, and you need to rely on a certified copy from the Sub-Registrar. Use a Witness Summons instead if you need a specific individual to bring the original document to court.

Who it's for

  • a plaintiff in an Indian civil court who cannot produce an original property sale deed
  • a claimant seeking to prove a defendant inherited property from a deceased borrower

How long it runs and how it's signed

How long
Used once
Signed by
Applicant
Witness
Not required
Notarisation
Not required
Also needed
attach certified copy of Sale Deed
Jurisdiction
India
Document info
MS Word. Document created on Wed Jul 22nd, 2026. Last updated on Mon Oct 19th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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