Case Note & Summary
The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came up for consideration of admissibility of documents relied upon by defendant nos.3 and 4 (Dhiraj K. Rajguru and Shakuntala K. Rajguru). The defendants had filed a compilation of documents along with an affidavit in lieu of examination-in-chief. The plaintiff filed a statement of admission and denial. The court heard arguments on admissibility. The plaintiff objected to several documents on the ground that they were copies and not originals, and that the defendants had not complied with the requirement of notice to produce under Order XI of the CPC. The court examined each document category-wise. For documents that were certified copies of public documents (e.g., from the Sub-Registrar's office), the court held they were admissible under Section 65(e) of the Indian Evidence Act, 1872 as secondary evidence, since they were certified copies under Sections 74 and 76 of the Act. For other documents, the court noted that the plaintiff had been given notice to produce originals but failed to do so; hence, the defendants were entitled to lead secondary evidence under Section 65(a) of the Act. The court also rejected the plaintiff's argument that the documents were not admissible without proof of execution, stating that such objections go to weight and not admissibility. The court allowed the documents to be marked as exhibits subject to proof and relevance, and directed that the plaintiff's right to challenge the genuineness of the documents at trial was preserved. The judgment was delivered orally on 8th January 2019 and corrected on 1st February 2019.
Headnote
A) Civil Procedure - Admissibility of Documents - Secondary Evidence - The court considered the admissibility of documents filed by defendant nos.3 and 4, including copies of public documents and originals not produced by the plaintiff despite notice. The court held that documents which are certified copies of public documents under Section 74 of the Indian Evidence Act, 1872 are admissible under Section 65(e) of the Act. For other documents, the plaintiff having failed to produce originals after notice under Order XI Rule 16 CPC, the defendants are entitled to lead secondary evidence under Section 65(a) of the Act. The court allowed the documents to be marked subject to proof and relevance. (Paras 1-10) B) Civil Procedure - Notice to Produce - Order XI Rule 16 CPC - The court noted that the plaintiff was given notice to produce originals of certain documents but failed to do so. Consequently, the defendants were entitled to lead secondary evidence of those documents under Section 65(a) of the Indian Evidence Act, 1872. The court rejected the plaintiff's objection that the documents were not admissible without proof of execution. (Paras 5-8) C) Evidence Act - Public Documents - Certified Copies - Sections 74, 76, 65(e) - The court held that certified copies of public documents, such as those from the Sub-Registrar's office, are admissible as secondary evidence under Section 65(e) of the Indian Evidence Act, 1872. The court directed that such documents be marked as exhibits subject to the plaintiff's right to challenge their genuineness at trial. (Paras 4, 9)
Issue of Consideration
Whether the documents relied upon by defendant nos.3 and 4 in their compilation are admissible in evidence, particularly those which are copies of public documents or originals not produced by the plaintiff despite notice.
Final Decision
The court allowed the documents to be marked as exhibits subject to proof and relevance. The court held that certified copies of public documents are admissible under Section 65(e) of the Indian Evidence Act, 1872. For other documents, since the plaintiff failed to produce originals after notice under Order XI Rule 16 CPC, the defendants are entitled to lead secondary evidence under Section 65(a) of the Act. The plaintiff's right to challenge the genuineness of the documents at trial is preserved.
Law Points
- Admissibility of documents
- secondary evidence
- notice to produce
- certified copies
- public documents
- Section 65 Indian Evidence Act
- 1872
- Section 74 Indian Evidence Act
- Section 76 Indian Evidence Act
- Order XI Rule 14 CPC
- Order XI Rule 15 CPC
- Order XI Rule 16 CPC
- Order XI Rule 17 CPC
- Order XI Rule 18 CPC
- Order XI Rule 19 CPC
