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TMI Blog2024 (8) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... . Therefore, the Court could always look into such document considering its relevance and other aspects to test its admissibility. Hence, the impugned order could not be faulted on the aforesaid count. Whether certified copy of a sale deed could be considered a public document so as to allow it to be marked as an exhibit waiving the formal proof? - HELD THAT:- The Division Bench of Madhaya Pradesh High Court in the case of Smt. Rekha Rana Ors. Vs. Smt. Ratneshree Jain, [ 2005 (8) TMI 727 - MADHYA PRADESH HIGH COURT] has held the proposition that a certified copy of a sale deed is a public document or a registered sale deed is a public document are erroneous. It has further been held that a registered document (deed of sale etc.) is not a public document. It is a private document. Further, a certified copy of a registered document, copied from Book and issued by the Registering Officer, is neither a public document, nor a certified copy of a private document, but is a certified copy of a public document. In other words, a certified copy of a registered document is a certified copy of public document - thus, it could be safely concluded that the certified copy of a registered sale de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 10.10.1984 a mortgage deed in favour of defendants with a finding that the plaintiffs have already paid the mortgaged money to the defendants. (ii) An order or temporary injunction be passed in favour of the plaintiffs and defendants. (iii) A decree of xxxxx cost be passed in favour of the plaintiffs and defendants. (iv) A decree of any other relief or reliefs be passed in favour of plaintiffs as the court think fit and proper. The father of plaintiff no.1 and grandfather of plaintiff nos. 2 and 3 Ramdeo Singh took a loan of Rs. 7,000/- from the father of defendants/petitioners, Deo Narain Singh, in the year 1984 and executed a registered deed of mortgage dated 10.10.1984 for his land in favour of Deo Narain Singh as a security. Ramdeo Singh and Deo Narain Singh agreed before the villagers that on payment of Rs. 7,000/- to Deo Narain Singh, he would re-convey the land measuring 15 kathas of Survey Plot No. 159 to Ramdeo Singh. Deo Narain Singh was paid in installments the money borrowed by Ramdeo Singh and after death of Ramdeo Singh, plaintiff no.1 went to the defendants in the year 1991 and asked them to receive the balance amount and return their land but defendants/respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to satisfy the conditions as laid down under Section 65 of the Evidence Act in order to give the secondary evidence as Section 64 of the Evidence Act provides that the documents must be proved by primary evidence. Only exceptions are the conditions mentioned under Section 65 of the Evidence Act. Learned counsel further submitted that learned trial court committed further error when without considering the relevance of the said document, it illegally admitted the said document as public document without requiring its formal proof. Thus, the learned counsel submitted that the impugned order is not sustainable and the same is fit to be set aside. 4. Per contra , learned counsel appearing on behalf of the plaintiffs/respondents submitted that there is no illegality in the impugned order. The document in question was filed prior to the settlement of issues and considering its relevance, the learned trial court rightly admitted it and marked it as exhibit. The learned counsel further submitted that the document which has been exhibited is certified copy of a sale deed and it would be covered under the definition of the public document under Section 74 (2) of the Evidence Act. Since it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt in the case of Smt. Rekha Rana Ors. Vs. Smt. Ratneshree Jain, reported in AIR 2006 MP 107 has held the proposition that a certified copy of a sale deed is a public document or a registered sale deed is a public document are erroneous. It has further been held that a registered document (deed of sale etc.) is not a public document. It is a private document. Further, a certified copy of a registered document, copied from Book and issued by the Registering Officer, is neither a public document, nor a certified copy of a private document, but is a certified copy of a public document. In other words, a certified copy of a registered document is a certified copy of public document. The basis for saying so lies in the fact that when a sale deed is registered before the Registering Authority, necessary entries are maintained in the book kept at the Registration Office and, thus, it is a record kept in a state of private documents and, therefore, a public document. When a person applies for the certified copy of document registered in the office which is entered/filed in Book 1, a certified copy of document as copies/filed in Book 1 is furnished to the applicant. Such certified copy of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... document of such nature to be admissible as evidence. When that be the position under the aforesaid provisions, taking note of the fact that the document in question is a registered sale deed, falling within the definition of a public document, the question is whether there exists any law declaring such certified copy of a document as admissible in evidence for the purpose of proving the contents of its original document. Sub-section (5) of Section 57 of the Registration Act is the relevant provision that provides that certified copy given under Section 57 of the Registration Act shall be admissible for the purpose of proving the contents of its original document. In this context it is to be noted that certified copy issued thereunder is not a copy of the original document, but is a copy of the registration entry which is itself a copy of the original and is a public document under Section 74(2) of the Evidence Act and Sub-section (5) thereof, makes it admissible in evidence for proving the contents of its original (Underlined for emphasis) 8. Now coming back to the dispute in the present case, in the light of discussion made hereinbefore, it could be safely concluded that the cer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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