Case Note & Summary
The petitioner, Baba Jasbirsing Kalsi, was the original defendant in a civil suit. He filed an application at Exhibit 45 seeking to lead secondary evidence of 15 documents (Item Nos. 1 to 15) which were certified copies of documents already exhibited in Special Civil Suit No. 926/2006. The trial court, the 4th Joint Civil Judge, Senior Division, Nagpur, rejected the application on the ground that the petitioner had not laid a proper foundation to lead secondary evidence. However, the trial court clarified that if the originals were available in the other suit, the copies could be admitted after comparison. The petitioner challenged this order by filing a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Nagpur Bench. The High Court, presided over by Justice R. M. Savant, examined the impugned order and considered Sections 74 and 79 of the Indian Evidence Act, 1872. Section 74 defines public documents, and Section 79 raises a presumption as to the genuineness of certified copies. The respondent, appearing in person, admitted that the documents were certified copies of those already exhibited in the other suit. The High Court held that since the documents were certified copies issued by a court, they ought to have been exhibited without requiring a foundation. The impugned order was set aside, and the petitioner was permitted to produce the certified copies. The trial court was directed to exhibit them in Regular Civil Suit No. 1155/2006. The rule was made absolute in those terms.
Headnote
A) Evidence Law - Secondary Evidence - Certified Copies - Sections 74, 79 Indian Evidence Act, 1872 - The petitioner sought to produce certified copies of documents already exhibited in another suit as secondary evidence. The trial court rejected the application for lack of proper foundation. The High Court held that certified copies of public documents are admissible under Section 74 and carry a presumption of genuineness under Section 79, and thus should be exhibited without requiring a foundation. The impugned order was set aside and the trial court directed to exhibit the documents. (Paras 2-4)
Issue of Consideration
Whether the trial court erred in rejecting an application to lead secondary evidence of certified copies of documents already exhibited in another suit, without considering Sections 74 and 79 of the Indian Evidence Act, 1872
Final Decision
The impugned order dated 07/07/2011 is set aside. The petitioner is permitted to produce the certified copies of the 15 documents (Item Nos. 1 to 15). The trial court shall exhibit them in Regular Civil Suit No. 1155/2006. Rule made absolute.
Law Points
- Certified copies of public documents are admissible as secondary evidence without laying foundation
- Sections 74 and 79 of Indian Evidence Act
- 1872 raise presumption of genuineness
