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PATNA HIGH COURT
Nagendra Rai, J.
Ganga Sagar Gond
Versus
Ganesh Gond
Civil Revision No. 40 of 2001 ;
Decided On : MAY 06, 2002
Secondary Evidence - Sale Deed - The court allowed the marking of a photostat copy of a sale deed from 1890 as an exhibit, fulfilling the requirements under Section 63(2) of the Indian Evidence Act for taking secondary evidence. The court emphasized that the admission of the document as secondary evidence does not imply its genuineness and relevancy, which will be determined at the final disposal of the suit.
Fact of the Case:
The defendants/petitioners sought to mark a photostat copy of a sale deed from 1890 as an exhibit, as the original sale deed was claimed to be lost. The court below rejected the prayer due to lack of evidence to mark the documents as an exhibit.
Finding of the Court:
The court found that the evidence produced by the defendants fulfilled the requirements under Section 63(2) of the Indian Evidence Act for taking secondary evidence, and the court below had committed a jurisdictional error in rejecting the prayer. The court allowed the marking of the photostat copy as an exhibit, with the caveat that the genuineness and relevancy of the document will be determined at the final disposal of the suit.
Issues: The main issue was the admissibility of the photostat copy of the sale deed from 1890 as secondary evidence, as the original sale deed was claimed to be lost.
Ratio Decidendi: The court emphasized that the copies made from the original by mechanical processes which ensure the accuracy of the copy fulfill the requirements for taking secondary evidence under Section 63(2) of the Indian Evidence Act. The admission of the document as secondary evidence does not imply its genuineness and relevancy, which will be determined at the final disposal of the suit.
Final Decision: The civil revision application was allowed, and the photostat copy of the original sale deed from 1890 was permitted to be marked as an exhibit, with the direction that the genuineness and relevancy of the document will be considered along with other evidence at the proper stage.
1. This Civil revision application is directed against the order dated 25.11.2000 passed by the 1st Munsif, Buxar, rejecting the prayer of the defendants/petitioner to mark photostat copy of sale deed of the year 1890 as an exhibit.
2. The materials on record show that the petitioners examined two witnesses to prove the said document who have stated that photo copy of the said document was made in their presence. The evidence of witnesses fulfils the requirement as provided under Section 63(2) of the Indian Evidence Act for taking secondary evidence. It provides that the copies made from the original by mechanical processes which in themselves insure the accuracy of the copy and copies compared with such copies are to be taken as secondary evidence. The defendants/ petitioners have stated before the court below that the original sale deed has been lost and accordingly, the said documents be admitted as secondary evidence. The court below rejected the said prayer on the ground that there was no evidence on record to mark the documents as exhibit.
3. In my view, the Court below has committed jurisdictional error in coming to the aforesaid conclusion ignoring the evidence having been produced by the defendants. Accordingly, let the photo copy of the original sale deed of the year 1890 be marked as Exhibit. However, it is made clear that the question as to whether the said document is genuine or not will be gone into at the time of final disposal of the suit. Admission of document does not mean that document has to be treated as a genuine document. The genuineness and relevancy have to be considered along with other evidence at proper stage.
4. In the result, the civil revision application is allowed with the aforesaid observation and direction.
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