The main legal point established in the judgment is the admissibility of certified copies of documents as secondary evidence under Section 65 of the Indian Evidence Act, particularly in cases where the original is lost or destroyed.

Daya Chaudhary, J.

The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 20.1.2017 passed by Additional Civil Judge (Senior Division), Faridkot, whereby, an application filed by the respondents-plaintiffs under Section 65 of the Indian Evidence Act, 1872 (hereinafter referred to as 'the Act') has been allowed.

2. Briefly, the facts of the case are that respondents-plaintiffs No. 1 to 15 filed a suit for possession through redemption of land measuring 60 kanals 16 marlas situated in the revenue estate of village Qila Nau, Tehsil and District Faridkot on payment of mortgage amount of Rs. 4087/- to the petitioners-defendants and upon issuing of notice in the suit, the petitioners-defendants filed a detailed written statement. During pendency of the suit, respondent No.1-plaintiff filed an application under Section 65 of the Act. Said application was contested by the petitioners-defendants by filing reply rasing specific objection therein that such an application was not maintainable as there was no provision of law to allow secondary evidence of certified copy. Said application was allowed vide order dated 20.1.2017, which is subject matter of challenge in the present petition.

3. Learned counsel for the petitioner contends that the application moved by the respondents-plaintiffs has been allowed without proper appreciation of Section 63 of the Act, whereas, requirement of said Section is that a document can be received as an evidence under the head of secondary evidence only when the copies made from or compared with the original are certified copies. The documents in question sought to be produced by way of secondary evidence are admittedly certified copies prepared from certified copies as originals are not available. Learned counsel further contends that there is no possibility of the documents being compared with the original. The trial Court while allowing the application has lost sight of requirement of Section 65 (a) of the Act as the secondary evidence can be admitted in case the conditions prescribed under Section 65 are satisfied.

4. Heard the arguments advanced by learned counsel for the petitioners and have also gone through the impugned order and other documents available on the file.

5. Facts regarding filing of suit, written statement and thereafter filing of application under Section 65 of the Act for permission to produce certified copy of the judgment and decree dated 12.4.1980 in civil suit No. 203 dated 1.6.1978 titled as Balvir Singh and others v. Jarnail Singh and others passed by Sub Judge Ist Class, Faridkot are not disputed. The respondents-plaintiffs have moved the aforesaid application on the ground that the case file was burnt and the certified copy of judgment and decree dated 12.4.1980 is not available on record and the same can be brought on record by way of leading secondary evidence. In reply to the application, petitioners-defendants raised an objection that the application was not maintainable as there is no provision under law to bring certified copy of judgment and decree on record by way of leading secondary evidence. Moreover, it has also not been proved that the file was burnt. The application filed by respondents-plaintiffs was allowed by Additional Civil Judge (Senior Divison), Faridkot on the ground that it is a settled preposition of law that certified copy of the certified copy of the judgment and decree is admissible in evidence as per provisions of Section 65 of the Act. As per section 63 (1) of the Act, secondary evidence includes certified copy given in other provisions of the Evidence Act. A certified copy of public document prepared under Section 76 of the Act is permissible under Section 77 and it can be allowed without being proved by calling witnesses. Section 65 of the Act deals with cases in which secondary evidence relating to documents may be given. Relevant portion of Section 65 is reproduc