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SANJAY DWIVEDI
Praveen Malpani – Appellant
Versus
Vijay Electricals, A Registered Firm – Respondent
A judgment and decree are considered public documents when they are records of the acts of the Court, such as the final orders or decisions that are part of the Court's official records. These documents are created and maintained by the Court as records of judicial acts and are accessible as part of the Court's official proceedings, thereby qualifying as public documents within the meaning of the relevant legal provisions.
However, it is important to distinguish between the judgment and decree themselves and other documents that may be filed or produced during the course of proceedings. Merely because a judgment or decree is part of the Court's record does not automatically mean that all associated documents or pleadings are public documents unless they are specifically records of the Court's acts or proceedings.
In summary, judgments and decrees, being records of the Court's acts, are generally regarded as public documents, but other documents filed in the case require specific qualification as public documents based on their nature and the context in which they are maintained (!) (!) (!) .
JUDGMENT
1. With the consent of parties, the petition is finally heard.
2. This petition is under Article 227 of the Constitution of India questioning the legality, validity and propriety of order dated 11.11.2021 (Annexure P/1) whereby the trial Court rejected the application filed by the petitioner under Section 151 of the Code of Civil Procedure for calling the record of the case decided by Judicial Magistrate, First Class, Jabalpur saying that the documents which have been referred in the application can be produced by the plaintiff by getting certified copies of the documents.
3. Learned counsel for the petitioner submits that the trial Court has not considered the legal position that certified copies of the private documents are only secondary evidence and without calling the original, the same cannot be considered to be a proved document. He further submits that by calling the record of the trial Court containing the original documents which are required to be proved, no prejudice would have caused to the Court or to the party and as such, according to him, the order rejecting application is contrary to law. He relies upon various judgments reported in AIR 2014 Orissa 128, part
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