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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Certified Copy Marked through PW1 / Witness Attestation - Several sources confirm that certified copies of wills and related documents are often marked through witnesses (PW1, PW2, attestors) rather than the original documents. The original documents, such as wills, are sometimes unavailable or lost, and courts accept certified copies with attestation by witnesses under certain conditions ["Indira Gopinath vs M.D.Kanthamani and 4 others - Madras"], ["L. Dorothe Vimala @ Devadassou Poulle Dorathe Vimala vs Manager Indian Overseas Bank Karaikal Branch - Madras"], ["L.Dorothe Vimala @ Devadassou Poulle Dorathe Vimal vs The Manager - Madras"], ["INTEGRATED FINANCE COMPANY L vs KASTHURI RENGA RAMANUJAM - Madras"], ["R.G.Srinivasan vs Raya umaranee and another - Madras"], ["INTEGRATED FINANCE COMPANY LTD Vs KASTHURI RENGA RAMANUJAM - Madras"], ["INDMAD00042059"], ["Moni Mohan Paul VS Sovarani Paul - Calcutta"].
Role of Attestors and Witnesses - Attestors' signatures and affidavits are critical in establishing the authenticity of wills. Witnesses like PW2 and others attest to the execution, signature, and soundness of mind of the testator at the time of signing. Their affidavits and testimony serve as proof of the document's validity, especially when original documents are unavailable ["Indira Gopinath vs M.D.Kanthamani and 4 others - Madras"], ["INDMAD00001711"], ["Moni Mohan Paul VS Sovarani Paul - Calcutta"].
Marking through Witnesses vs. Original Documents - Courts often permit marking of documents through witnesses (attestors) as evidence, especially when original documents are lost, as long as the witnesses testify about the execution and signatures. The courts also emphasize the importance of examining witnesses' signatures and signatures' genuineness ["Indira Gopinath vs M.D.Kanthamani and 4 others - Madras"], ["INDMAD00001711"], ["D.Sudhakar vs N.Gunasekaran - Madras"].
Certification and Evidence Law - Under Indian Evidence Act, certified copies can be admissible, and the authenticity can be supported by witnesses' affidavits and testimony. When original documents are unavailable, courts rely on attestations, affidavits, and secondary evidence, provided the witnesses confirm the execution and signatures ["Indira Gopinath vs M.D.Kanthamani and 4 others - Madras"], ["INDMAD00001711"].
Specific Procedures for Marking and Attestation - The process involves the witness attesting to the signatures, signatures being identified by the witness, and the court verifying the witness's testimony. The law also allows courts to presume the genuineness of documents over 30 years old when produced from custody, provided they are original or properly certified ["INTEGRATED FINANCE COMPANY L vs KASTHURI RENGA RAMANUJAM - Madras"].
Analysis and Conclusion:Certified copies of wills and related documents can be marked through witnesses (attestors) when the original is unavailable or lost. The witnesses' affidavits and oral testimony about the execution, signatures, and soundness of mind are crucial for establishing authenticity. The law permits the use of secondary evidence such as certified copies, especially when supported by attestor testimony, under the provisions of the Indian Evidence Act. Therefore, a document can be considered valid and marked through witnesses even if the original is not available, provided proper attestation and evidence procedures are followed ["Indira Gopinath vs M.D.Kanthamani and 4 others - Madras"], ["INDMAD00001711"], ["Moni Mohan Paul VS Sovarani Paul - Calcutta"].
In legal proceedings, the proper marking and proof of documents can make or break a case. Imagine this scenario: a certified copy of a crucial document is marked in court through PW1 (Plaintiff Witness 1). Now, the question arises—can the original document be marked through another witness, specifically an attestor of that document? This is a common dilemma in civil suits involving deeds, agreements, or attested papers.
The query at hand is: Certified Copy Marked through PW1. Can Original be Marked Through Another Witness who is Attestor in the Said Document? Understanding this requires delving into principles of the Indian Evidence Act, 1872, particularly on primary vs. secondary evidence, and court practices on marking exhibits. This post breaks it down step-by-step, drawing from key legal precedents and guidelines.
Generally, a certified copy marked through one witness, such as PW1, does not automatically allow the original document to be marked or substituted through another witness like an attestor, unless specific conditions are met. The original must typically be produced or properly proved at trial, especially if its execution is disputed. The attestor of the original remains the primary witness for authentication. Merely marking a certified copy lacks the inherent authority to empower another attestor to handle the original without laying a proper foundation. Hindustan Construction Company LTD. VS Union Of India - 1966 0 Supreme(SC) 272
This principle upholds the sanctity of primary evidence while permitting secondary evidence (like certified copies) only under exceptions.
Under the Indian Evidence Act:- Primary Evidence Rules: The original document is paramount, particularly for attested documents. If execution is disputed and the original is available, at least one attesting witness must prove it. Hindustan Construction Company LTD. VS Union Of India - 1966 0 Supreme(SC) 272- Secondary Evidence Admissibility: Certified copies qualify as secondary evidence but require authentication. They can be admitted if the original is unavailable (e.g., lost or destroyed), with proper proof of unavailability. Appaiya VS Andimuthu@ Thangapandi - 2023 8 Supreme 180- Marking vs. Proving: Marking a document (e.g., as Ex.P-1) through a witness like PW1 is preliminary; full proof comes later via cross-examination or substantive evidence. Objections to admissibility can be raised even after marking. J. M. Constructions VS Shamrock Impex Pvt. Ltd. - 2019 Supreme(Bom) 2562
Key takeaway: The act of marking a certified copy through PW1 does not transfer proof responsibility to another attestor for the original without court discretion or statutory backing. Hindustan Construction Company LTD. VS Union Of India - 1966 0 Supreme(SC) 272
The law prioritizes originals: The general principle... is that a document required by law to be attested must be proved by calling at least one attesting witness if the original is available and the execution is disputed. Hindustan Construction Company LTD. VS Union Of India - 1966 0 Supreme(SC) 272 In cases like specific performance suits, failure to prove the original sale agreement led to dismissal, as authenticity was disputed without attestor testimony. (From a case under Specific Relief Act, where plaintiff's evidence was insufficient V.Shyam vs B.Raj Kumar - 2025 Supreme(Telangana) 1191).
An attestor signs in the presence of the executant, making them ideal for proving execution. However, a registrar or official signing for certification does not automatically become an attestor unless they witnessed and signed per attestation rules: Registration or official endorsement by a registrar or officer does not automatically make that person an attesting witness; their role is different unless they have fulfilled the criteria of attestation by signing in the presence of the testator or signer. Bhagat Ram VS Suresh - 2004 1 Supreme 451Hindustan Construction Company LTD. VS Union Of India - 1966 0 Supreme(SC) 272
In one partition suit, a son of the attestor was allowed to depose, showing flexibility when direct attestors are unavailable, but only with foundational evidence. CHAKRAVATHY VENGATARANGAM vs JOSEPH VENKATARANGAM (DIED) - 2024 Supreme(Online)(MAD) 19906
Courts often mark certified copies on a witness's admission or production. For instance: On his admission, Ex.B3 the certified copy of the plaint... are marked. V.Shyam vs B.Raj Kumar - 2025 Supreme(Telangana) 1191 Yet, this does not equate to proving the original. In eviction suits, documents produced via summons were marked through the producing officer, but private documents need originators or attestors for proof: A private document must be marked through its originator or author. J. M. Constructions VS Shamrock Impex Pvt. Ltd. - 2019 Supreme(Bom) 2562
Marking through PW1 (e.g., Exhibits P-1 to P-23) is routine, but discrepancies between original and copies can undermine cases: There is a material discrepancy between the original document and the certified copies... INTEGRATED FINANCE COMPANY LTD Vs KASTHURI RENGA RAMANUJAM
No explicit rule allows this substitution. The attestor's role is to testify to the original's execution, not endorse copies. Courts clarify: The act of marking or endorsing a certified copy is generally performed by the court or authorized officials, not by the attestor of the original document. Hindustan Construction Company LTD. VS Union Of India - 1966 0 Supreme(SC) 272Appaiya VS Andimuthu@ Thangapandi - 2023 8 Supreme 180
Admissibility can be challenged during marking: The admissibility of the document can be questioned... when it is sought to be marked through PW1. Udhayakumar @ Kumar VS G. Kishore KumarUdhayakumar @ Kumar VS G. Kishore Kumar - 2014 Supreme(Mad) 2641
If the original cannot be produced, secondary evidence like certified copies may suffice:- Lay foundation (prove loss/destruction).- Examine the executant, attestor, or knowledgeable person.- For ancient documents, presume validity under Section 90, Evidence Act, without living attestors. CHAKRAVATHY VENGATARANGAM vs JOSEPH VENKATARANGAM (DIED) - 2024 Supreme(Online)(MAD) 19906
Example: The validity of an ancient release deed can be established through statutory presumption... even without the original signatories' testimony. CHAKRAVATHY VENGATARANGAM vs JOSEPH VENKATARANGAM (DIED) - 2024 Supreme(Online)(MAD) 19906
In witness summons cases, produced documents are placed on record, but proof and relevance are tested separately. J. M. Constructions VS Shamrock Impex Pvt. Ltd. - 2019 Supreme(Bom) 2562
These cases reinforce that marking a certified copy via PW1 is no shortcut for original proof.
To navigate this:- Produce Originals First: Always prioritize if available, especially in disputed executions.- Prepare Attestors: Call them early to avoid proof gaps.- Foundation for Copies: If original unavailable, prove loss and authenticate copy via certification or knowledgeable witness.- Anticipate Objections: Marking ≠ proof; expect challenges under Evidence Act Sections 65-79.- Seek Court Discretion: For late documents, invoke Order VII Rule 14 CPC with leave. Sundaram Dynacast Pvt. Ltd. , Represented by its Vice-President (Operations) VS Raas Controls, Represented by its Partner Anju Khanna - 2011 Supreme(Mad) 1120
In summary, while certified copies marked through PW1 serve as secondary evidence, they generally cannot be leveraged for an attestor to mark or prove the original without proper foundation and compliance with Evidence Act mandates. The original's proof remains paramount, with attestors as key players. Hindustan Construction Company LTD. VS Union Of India - 1966 0 Supreme(SC) 272Appaiya VS Andimuthu@ Thangapandi - 2023 8 Supreme 180
Key Takeaways:- Original > Certified Copy in disputed cases.- Attestors prove execution; officials certify, not attest.- Build strong foundations for secondary evidence.
This post provides general insights based on legal precedents and is not specific legal advice. Consult a qualified lawyer for your case. References include court holdings like: A certified copy... is secondary evidence, and the primary witness for its proof is the original or the person who executed it. Appaiya VS Andimuthu@ Thangapandi - 2023 8 Supreme 180
#EvidenceLaw, #DocumentProof, #LegalEvidence
Ex.P7 Computer generated death certificate of Mr.K.G.Rajagopal who is the another attestor to the above said Will and Codicil along with certificate under Section 65 B of the Indian Evidence Act, 1872. ... The petitioner has examined Mr.S.Saravanan, who is the son of first attestor as PW3. He has spoken about his father's signature in the Will and marked the legal heirship certificate of the first #....
Before the Trial Court, the plaintiff examined herself as PW1 and testator of the Will was examined as PW2 and marked Exs.A1 to A23. On behalf of the defendant Bank, one Asisu Sidhanath Maistry was examined as DW1 but no document was marked. ... As per Ex.A10 dated 18.12.2018, death certificate, the said Xavier Regina Marie died on 04.12.2018. The marriage certificate of the said person ....
Before the Trial Court, the plaintiff examined herself as PW1 and testator of the Will was examined as PW2 and marked Exs.A1 to A23. On behalf of the defendant Bank, one Asisu Sidhanath Maistry was examined as DW1 but no document was marked. ... As per Ex.A10 dated 18.12.2018, death certificate, the said Xavier Regina Marie died on 04.12.2018. The marriage certificate of the said person ....
10.The Plaintiff side examined one witness PW1 and marked exhibits P-1 to P-23. The Defendants examined one witness DW1 and marked Exhibits D-1 to D-4. ... This is apart from the fact that there is a material discrepancy between the original document and the certified copies with respect to both the mortgaged property and mortgage amount. ... This #HL....
This document is marked subject to its admissibility, proof and relevancy. The legal heir certificate of the testator as Ex.P5. The second attestor to Ex.P1 has been examined as PW2 and he produced his affidavit as Ex.P11. A paper publication has been made and any objections have not been received. ... Ex.P1 Certified copy of the Will dated 24.08.2010 executed by Mr.R.R.Govindarajan (Witness#HL_....
10.The Plaintiff side examined one witness PW1 and marked exhibits P-1 to P-23. The Defendants examined one witness DW1 and marked Exhibits D-1 to D-4. 11. ... This is apart from the fact that there is a material discrepancy between the original document and the certified copies with respect to both the mortgaged property and mortgage ....
In Testamentary Original Suit, on the side of the Plaintiff PW1 was examined and, Ex.P1 to Ex.P7 were marked and PW2 was examined and Ex.P8 to Ex.P10 were marked. 7. ... In this case, D.Sudhakar, PW1 / Attesting witness has deposed that the deceased Kannammal was in good health and sound mind until her death. The last Will and testament viz. ... Ex.P2 bears the left thumb impression of t....
On his admission, Ex.B3 the certified copy of the plaint in O.S.No.1827 of 2014 and Ex.B4 certified copy of written statement in O.S.No.1827 of 2014 are marked. He also admitted that the sister-in-law of defendant has filed eviction suit against him vide O.S.No.1529 of 2013. ... Thus, on his admission the plaint in O.S.No.1529 of 2013 is marked as Ex.B5 and certified copy of written statement in O.S.No.15....
On the side of the plaintiffs, two witnesses were examined as PW1 & PW2 and four documents were marked as Exs.A1 to A4. On the side of the defendants, one witness was examined as DW1 and eight documents were marked as Exs.B1 to B8. 10. ... As he happened to be son of attestor of the document, he could very well depose as witness in such suit. 15(a) In the instant case, ....
This is the said Will marked as Exbt. 1.” Another attesting witness Sachindra Nath Das was not alive. 14. The contrary was deposed by him in Revocation Case 153 of 2005 as PW5 in connection with Revocation Case 153 of 2005, Ranjit Kr. ... Except myself, all confirming parties of the Will were present…” and “this is the said Will wherein Durgapada Paul put his signature and it bears the signature of myself....
One document was marked through a witness as Ex.X1. The Commissioner’s report and plan was marked as Exs.C1 & C2.
I accordingly answer the first question in the lessors' favour. In other words, when is a document marked and when is it proved? The second issue opens that seemingly intractable question: an objection taken, how should a document be marked? (2) Can a private document be marked through a witness who merely produced that document in answer to court's summons? (2) Can a private document be marked through a witness who merely produced that document in answer to court's....
The admissibility of the document can be questioned on behalf of the respondents when it is sought to be marked through PW1. While so, even at the inception stage namely, at the time of receiving the document, the admissibility or veracity of the document cannot be gone into. But the above decision is not applicable to the facts of the present case. That apart, by merely receiving the said document, it does not mean that the respondents have no liberty to question about the a....
The admissibility of the document can be questioned on behalf of the respondents when it is sought to be marked through PW1. That apart, by merely receiving the said document, it does not mean that the respondents have no liberty to question about the admissibility of the document when it is sought to be marked. But the above decision is not applicable to the facts of the present case. While so, even at the inception stage namely, at the time of receiving the document, the ad....
While so, even at the inception stage namely, at the time of receiving the document, the admissibility or veracity of the document cannot be gone into. The admissibility of the document can be questioned on behalf of the respondents when it is sought to be marked through PW1. That apart, by merely receiving the said document, it does not mean that the respondents have no liberty to question about the admissibility of the document when it is sought to be marked.
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