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2010 Supreme(P&H) 3337

K.KANNAN
Pyare Lal – Appellant
Versus
Meher Singh – Respondent


Judgement Key Points

What is the admissibility of certified copies of plaint and statements filed in court as public documents? What is the procedure for obtaining certified copies of public documents? How should courts summarily consider objections to the admissibility of documents to expedite trial proceedings?

Key Points: - Certified copies of plaint and statements filed in court are considered public documents and require no further proof for admissibility [23000003080003][23000003080005]. - Section 74 of the Evidence Act defines public documents, including records of sovereign authority, official bodies, tribunals, public officers, and public records of private documents (!) (!) (!) (!) . - Section 76 of the Evidence Act outlines the procedure for obtaining certified copies of public documents from the officer in custody, upon demand and payment of legal fees (!) . - High Court Rules provide specific procedures for obtaining copies of court records, distinguishing between parties to a case and strangers (!) (!) (!) . - Courts should summarily consider objections to the admissibility of documents, without holding up trials for flimsy reasons [23000003080006]. - If an objection requires detailed consideration, the court may receive the document subject to objection and decide admissibility at the time of final arguments and judgment [23000003080006][23000003080009]. - The Supreme Court in Bipin Shantilal Panchal v. State of Gujarat suggested marking objected documents tentatively as exhibits, subject to final decision, to expedite trials (!) (!) . - The practice of calling court officials (Ahlmad) to prove certified copies of court records should be stopped [23000003080008]. - Documents already filed and tendered in evidence, even if only marked and not exhibited, should be assigned exhibit numbers to facilitate further proceedings [23000003080010]. - The civil revision was allowed, directing the trial court to assign exhibit numbers and proceed with arguments without delay [23000003080012].

What is the admissibility of certified copies of plaint and statements filed in court as public documents?

What is the procedure for obtaining certified copies of public documents?

How should courts summarily consider objections to the admissibility of documents to expedite trial proceedings?


Judgment

K.Kannan, J.

1. The revision is filed against the order dated 13,10.2010 passed in a pending suit declining permission to give evidence with reference to certain documents, which had already been filed in Court and marked but which had not been exhibited to be read in evidence. The documents, which were sought to be filed were certain pleadings filed in Civil Suit No. 312 of 1989, Civil Suit No,135 of 1989 and Civil Suit No.178 of 1989.

2. The trial Court, while dismissing the petition, has observed that the suit had been filed by the petitioner for declaration claiming himself to be the owner under a document of purchase dated 29.11.1988 and for a further declaration that a judgment and decree obtained in Civil Suit No.615 of 1987 was illegal and null and void. The trial Court also noted that the plaintiff had already tendered the said evidence in his rebuttal evidence and though they had been marked on 15.09.2009, the same could not be exhibited in evidence since the evidence of both the parties have been closed and it had not been explained in the case as to how the additional evidence sought to be produced was material evidence to the present case. I would have felt inc






























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