N.N. Tiwari, J.

I.A. No. 2308 of 2004

1. In this application the appellants have prayed for admitting the certified copy of sale-deed dated 10.4.1935 by way of additional evidence, dispensing with its formal proof. By order dated 13.5.2005 this Court had allowed the appellants prayer for admitting the said sale-deed as additional evidence subject to proving the same in accordance with law. According to the appellants, the respondents had filed SLP before the Supreme Court against the said order, which has been dismissed. No counter-affidavit has been filed in opposition of the said petition.

2. Mr. G.M. Chandra, learned counsel appearing on behalf of the appellants, submitted that after registration of the sale deed, the Registering Authorities keeps its record in discharge of their official duty. According to Mr. Chandra, therefore, the same assumes character of a public document under the provisions of Section 74(2) of the Indian Evidence Act. According to Mr. Chandra, certified copies of public documents are issued by the public officers and under Section 77 of the Evidence Act such certified copies may be produced in proof the contents of the public documents or parts of the