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

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 ... Admissibility of certified copy of registered sale deed as a public document - public records of private documents - secondary evidence under Section 65(e) of the Evidence Act - production of certified copies under Section 77 of the Evidence Act - admissibility by virtue of Section 57(5) of the Registration Act - proof limited to contents and not execution - formal proof not dispensed by mere marking as exhibitAdmissibility of certified copy of registered sale deed as a public document - public records of private documents - secondary evidence under Section 65(e) of the Evidence Act - production of certified copies under Section 77 of the Evidence Act - admissibility by virtue of Section 57(5) of the Registration Act - Certified copy of a registered sale deed is admissible as secondary evidence as a public document - HELD THAT: - The Court held that although a sale deed is a private document, the entries kept in the Registering Officer's records (Book 1) constitute public records of that private document. A certified copy issued from those registration entries is therefore a certified copy of a public document within the meaning of the Evidence Act. Applying Sections 65(e) and 77 of the Evidence Act read with Section 57(5) of the Registration Act, such certified copies are admissible in evidence to prove the contents of the original registered document. The Court relied on prior judicial exposition to conclude that certified copies extracted from the registration records operate as secondary evidence of the public record and are admissible for proving contents of the original document. [Paras 8, 9, 10]Certified copy of the registered sale deed falls within Section 74(2) and is admissible as secondary evidence to prove the contents of the original.Formal proof not dispensed by mere marking as exhibit - proof limited to contents and not execution - Marking the certified copy as an exhibit does not dispense with formal proof of execution and admissibility must still be tested for relevance and execution - HELD THAT: - The Court emphasised that admission of a document into record by marking it an exhibit does not automatically render it admissible on all counts; the court may still examine its relevance and other aspects to test admissibility. While a certified copy proves the contents of the original, it does not prove the execution of the original document. Accordingly, production and exhibition of the certified copy permits proof of contents but does not obviate the requirement to establish execution or other facts insofar as they are material to the controversy. [Paras 5, 11]The trial court properly admitted and exhibited the certified copy but proof of execution cannot be dispensed with; admissibility and relevance remain subject to judicial scrutiny.Final Conclusion: The High Court affirmed the trial court's order admitting the certified copy of the registered sale deed as an exhibit, holding it to be admissible as secondary evidence of a public record (limited to proving contents and not execution); the petition under Article 227 is 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.