2024 (8) TMI 252 - HC - Indian Laws

Certified copy of registered sale deed is admissible as secondary evidence under Sections 65(e) and 65(f) Evidence Act

Ram Briksha Singh, Ramanuj Singh and Vijay Kumar Singh Versus Ramashray Singh, Krishna Mohan Singh and Balram Singh,

The Patna HC dismissed a petition challenging a trial court's order regarding admission of a certified copy of a sale deed as exhibit. The court held that ... Prayer to accept and mark as an exhibit a certified copy of sale deed - Whether certified copy of a sale deed could be considered a public document so as to allow it to be marked as an exhibit waiving the formal proof? - Whether this document could be marked an exhibit waiving the requirement of formal proof? Prayer to accept and mark as an exhibit a certified copy of sale deed - HELD THAT:- Admittedly, the document in question was filed before the settlement of issue and, therefore, it was available at the time of admission-denial of the documents. Merely marking a document exhibit does not mean it has become an admissible piece of evidence. An objection to its admissibility does not get excluded when the document is marked as exhibit. Reference could be made to the Hon’ble Supreme Court decision in the case of Roman Catholic Mission Vs. State of Madras & Anr., [1966 (1) TMI 88 - SUPREME COURT]. Therefore, the Court could always look into such document considering its relevance and other aspects to test its admissibility. Hence, the impugned order could not be faulted on the aforesaid count. Whether certified copy of a sale deed could be considered a public document so as to allow it to be marked as an exhibit waiving the formal proof? - HELD THAT:- The Division Bench of Madhaya Pradesh High Court in the case of Smt. Rekha Rana & Ors. Vs. Smt. Ratneshree Jain, [2005 (8) TMI 727 - MADHYA PRADESH HIGH COURT] has held the proposition that a certified copy of a sale deed is a public document or a registered sale deed is a public document are erroneous. It has further been held that a registered document (deed of sale etc.) is not a public document. It is a private document. Further, a certified copy of a registered document, copied from Book and issued by the Registering Officer, is neither a public document, nor a certified copy of a private document, but is a certified copy of a public document. In other words, a certified copy of a registered document is a certified copy of public document - thus, it could be safely concluded that the certified copy of a registered sale deed would fall under the category of public document under Section 74 (2) of the Evidence Act. Whether this document could be marked an exhibit waiving the requirement of formal proof? - HELD THAT:- The definition of public document under Section 74 of the Evidence Act takes in public records kept in any state of private document. A certified copy is therefore admissible in evidence both under Section 65 (e) and 65 (f) of the Evidence Act. The certified copy is, therefore, secondary evidence of public record of sale deed kept in the office of the Registrar. Invoking Section 57(5) of the Registration Act, the said copy becomes admissible for the purpose of proving the contents of the original document itself. Therefore, the certified copy becomes admissible in evidence but proof of execution could not be dispensed with. Thus, the certified copy of sale deed can be produced in proof of the contents of the public document or part of public document of which it purports to be a copy. It can be produced as secondary evidence of the public document without laying any foundation. However, a word of caution may be added that it will only prove the contents of the original document and not be a proof of execution of the original document. There are no hesitation in holding that the impugned order passed by the learned Munsif, Begusarai does not suffer from any infirmity - petition dismissed. Issues Involved:1. Admissibility of certified copy of a sale deed as evidence.2. Classification of certified copy of a sale deed as a public document.3. Requirement of formal proof for certified copy of a sale deed.Issue-wise Detailed Analysis:1. Admissibility of Certified Copy of a Sale Deed as Evidence:The petitioners challenged the trial court's order to admit a certified copy of a sale deed as evidence. The court noted that the document was filed before the settlement of issues and was available during the admission-denial of documents. The court referenced the Supreme Court decision in Roman Catholic Mission Vs. State of Madras, which clarified that marking a document as an exhibit does not automatically make it admissible evidence. The court concluded that the trial court's decision to admit the document could not be faulted on this ground.2. Classification of Certified Copy of a Sale Deed as a Public Document:The petitioners argued that a certified copy of a sale deed is not a public document. The court examined Section 74 of the Evidence Act, which defines public documents, and Section 75, which defines private documents. The court referred to the Madhya Pradesh High Court's decision in Smt. Rekha Rana & Ors. Vs. Smt. Ratneshree Jain, which held that a certified copy of a registered document is a certified copy of a public document, not a public document itself. The Supreme Court's decision in Appaiya Vs. Andimuthu further clarified that certified copies of registered documents fall under the category of public documents under Section 74(2) of the Evidence Act. The court concluded that the certified copy of the registered sale deed in question is indeed a public document.3. Requirement of Formal Proof for Certified Copy of a Sale Deed:The petitioners contended that the certified copy should not be admitted without formal proof. The court referred to Section 76 of the Evidence Act, which allows officers to provide certified copies of public documents, and Section 77, which permits the production of certified copies to prove the contents of public documents. The court also cited Section 57(5) of the Registration Act, which states that certified copies are admissible for proving the contents of original documents. The court emphasized that while the certified copy is admissible as secondary evidence of the public document, it does not dispense with the proof of execution of the original document.Conclusion:The court affirmed the trial court's order, concluding that the certified copy of the sale deed is admissible as a public document and can be produced as secondary evidence without formal proof of execution. The petition was dismissed, and the trial court's order was upheld.