[S.74 Evidence Act] Certified Copy Of Registered Sale Deed Is A Public Document, Can Be Produced As Secondary Evidence: Patna High Court

The Patna High Court observed that the certified copy of the registered sale deed kept as a public record in the Registrar's office would be considered a public document and could be produced as secondary evidence under Section 74 of the Evidence Act, 1872.

“A certified copy of a registered document is a certified copy of public document. The basis for saying so lies in the fact that when a sale deed is registered before the Registering Authority, necessary entries are maintained in the book kept at the Registration Office and, thus, it is a record 'kept in a state of private documents' and, therefore, a public document.”, the High Court said.

The Court referred to the Madhya High Court Case of Smt. Rekha Rana & Ors. Vs. Smt. Ratneshree Jain, reported in AIR 2006 MP 107 where it has been held that a certified copy of a registered document issued by Registering Officer, by copying from public record, is a certified copy of a public document.

Reference was made to the Supreme Court's Judgement of Appaiya Vs. Andimuthu @ Thangapandi & Ors., Civil Appeal No. 14630 of 2015 where the Top Court observed that a certified copy of a private document being recorded in the records of the Registry would be considered as a public document.

“It is to be noted that certified copy issued thereunder is not a copy of the original document but is a copy of the registration entry which is itself a copy of the original and is a public document under Section 74(2) of the Evidence Act and Sub-section (5) thereof, makes it admissible in evidence for proving the contents of its original.”, the Supreme Court had said.

Proof Of Execution Of Certified Copy of Sale Deed Cannot Be Dispensed With

Justice Arun Kumar Jha observed that a certified copy of a sale deed kept in the public record would be considered a public document and become admissible in evidence but clarified that proof of execution of a certified copy could not be dispensed with.

“Conjoint reading of all these provisions make it amply clear that 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.”, the court said while referring to Provisions of the Evidence Act and Registration Act.

Accordingly, the Court did not find any infirmity in the decision rendered by the trial court in exhibiting the certified copy of the sale deeds as secondary evidence and the petition was dismissed.

Appearance :

For the Petitioner/s : Mr. Bhupendra Narain Sinha, Advocate Mr. Shailendra Kumar, Advocate Mr. Saket Kumar, Advocate

For the Respondent/s : Mr. Daya Shankar Prasad Sinha, Advocate Mr. Anand Saran, Advocate Mr. Shyameshwar Dayal, Advocate Mr. Gaurav Kumar Sinha, Advocate

Case Details: Ram Briksha Singh & Ors. Versus Ramashray Singh & Ors., CIVIL MISCELLANEOUS JURISDICTION No.1824 of 2018

Citation: 2024 LiveLaw (Pat) 60

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