Court Cannot Certify Photostat Copy Of Unmarked Document Confirming Its Authenticity & Credibility: Telangana High Court

The Telangana High Court, recognizing the legal sanctity of a certified copy issued by the Court, held that a Court in its power cannot certify a Photostat copy of an unmarked document, thereby confirming its authenticity and credibility. It held:

"...when the legal sanctity and weight attached to the certified copies of the documents, be it marked or unmarked, issued by the Court is that of the original document, the Court in its power cannot certify a Photostat copy of an unmarked document, thereby confirming its authenticity and credibility."

The order was passed by Justice Laxmi Narayana Alishetty in a Civil Revision Petition filed by an aggrieved party whose petition under Rule 203A of Civil Rules of Practice, for issuance of certified copies of a Photostat copy was dismissed.

Originally, a suit was filed against the revision petitioner seeking to declare him as a land grabber and evict him from the suit property. As a counter-blast to the suit, the revision petitioner herein filed a suit for perpetual injunction against the other side in the suit for land grabbing.

Subsequently, the revision petitioner did not pursue the suit for injunction and it was dismissed for non-prosecution in 2010.

In the same year, the petitioner filed an application for return of the unmarked certified copy of an agreement that was filed in the suit. The trial Court allowed the said application by ordering the substitution of the same with a photostat copy of the said document.

Interestingly, after this, the revision petitioner sought a certified copy of the photostat copy of the agreement. This petition was dismissed, giving rise to the present Revision Petition.

Justice Alishetty, referring to Rule 204A of the Civil Rules of Practice and the Evidence Act, 1872 held:

"..it clear that certified copies are admissible as evidence in court. They carry the same weight and legal significance as the original documents they represent. The Courts recognize certified copies as official reproductions that have undergone verification, making them acceptable and reliable evidence in the case. This helps establish the authenticity and validity of the evidence.Further, certified copies provide a means to verify the authenticity of documents. During the certification process, an authorized individual examines the original document and compares it to the copy. This verification ensures that the certified copy accurately represents the original, confirming its authenticity and credibility."

Thus, noting that issuing a certified copy of a photostat copy, would attach to it legal sanctity, to an otherwise inadmissible document, the petition was dismissed.

CRP 1720 OF 2022

Smt Haneefa Bee vs. Mohd Nizam & Ors.

Counsel for petitioner: Ali Farooq

Counsel for Respondent: K.Jamali

Click Here To Read/Download Order