Case of Tharammel Peethambaram vs T Ushakrishnan, SC Judgement Dated 6th February 2026. The apex court held that primary evidence is the rule and secondary evidence is only an exception, admissible strictly in accordance with Section 65 of Indian Evidence Act. Before leading secondary evidence, a party must establish foundational facts, i.e. the existence and execution of the original document and valid reasons for its non-production. It clarified that mere marking of a document as an exhibit does not amount to proof, and admissibility does not automatically establish the contents of the document. The court held that if the original document itself is not proved to be valid, secondary evidence of its contents cannot be relied upon. The court thus dismissed the appeal, and confirmed that the sale deeds executed on the basis of such inadmissible evidence were invalid.