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The document discusses the admissibility of secondary evidence under Section 65 of the Indian Evidence Act. It summarizes key cases that establish that: 1) A certified copy of a registered sale deed is admissible as secondary evidence under Section 65(e). 2) A certified copy of documents maintained under the Registration Act, containing the signature and seal of the registering officer, can be given as secondary evidence to prove the contents of the original document. 3) No application or permission from the court is required to lead secondary evidence under Section 65, as long as the conditions specified in the section are met. Secondary evidence cannot be excluded solely because no application was filed.

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85 views3 pages

Case Laws

The document discusses the admissibility of secondary evidence under Section 65 of the Indian Evidence Act. It summarizes key cases that establish that: 1) A certified copy of a registered sale deed is admissible as secondary evidence under Section 65(e). 2) A certified copy of documents maintained under the Registration Act, containing the signature and seal of the registering officer, can be given as secondary evidence to prove the contents of the original document. 3) No application or permission from the court is required to lead secondary evidence under Section 65, as long as the conditions specified in the section are met. Secondary evidence cannot be excluded solely because no application was filed.

Uploaded by

priya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1. Smt.

Manita Tak & Ors vs Ram Gopal Tanwar & Ors on 21 February, 2018 HIGH
COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No.
5019 / 2017
The only proposition before this Court is whether the certified copy of the registered sale
deed is admissible as a secondary evidence under Section 65 of the Evidence Act, 1872 or
not.
This Court finds that all the public documents defined under Section 74 are admissible as
secondary evidence under Section 65(e) of the Evidence Act which is a clear position on
a bare reading of law.

2. Tukaram S.Dighole vs Manikrao Shivaji Kokate on 5 February,


2010, CIVIL APPEAL NO.2928 OF 2008 SC
In view of above, it is very evidently clear from the provisions of Section 57 of the
Registration Act that the books and indexes maintained under the said Act are open to
inspection by any other person applying to inspect the same and copies of entries in such
books shall be given to all persons applying for such copies which shall be signed and
sealed by the registering officer and all such certified copies containing signatures and
seal of registering officer would be admissible for the purpose of proving the contents of
the original documents. If Section 57(5) of the Registration Act is read with  Section
65(f) and of the Evidence Act it becomes clear that a certified copy of the sale deed
or lease deed which is compulsorily required to be registered and entered in the
books and indexes maintained under the Registration Act, issued under the sign and
seal of the registering officer, is permitted by the aforesaid section, i.e.  Section
57(5) of the Registration Act and Section 65(f) of the Evidence Act, to be given in
evidence of the contents of the document apart from and in addition to the fact that
certified copies of public documents can also be given in evidence under  Section
65(e) of the Evidence Act. No doubt, a sale deed or lease deed is a private document, but
once it is registered and entered in Book-I by the Registering Officer under Section 51 of
the Registration Act, the records thereof maintained by such Registering Officer becomes
a public document as defined by Section 74 of the Evidence Act and therefore, a certified
copy of the same can be given as secondary evidence of the existence, condition or
contents of the same.
3. Parasanbai Dhanraj Jain and others v. Sunanda Madhukar Jadhav and others 2017
SCC Online Bombay 9875

either secondary evidence is led or it is not led. Either the provisions of Section 65 are met or
they are not met. No permission of a Court is required to lead evidence of any kind. No judge
in the subordinate judiciary to this High Court will hereafter will insist on any such
application under any circumstances whatsoever.

4. Dhanpat vs. Sheo Ram (deceased) on 19 March, 2020 CIVIL


APPEAL NO. 1960 OF 2020 SC

It is also argued that the original Will has not been produced and no application for leading
secondary evidence was filed. Therefore, the secondary evidence could not be led by the
defendant to prove the execution of the Will.
There is no requirement that an application is required to be filed in terms of Section
65(c) of the Evidence Act before the secondary evidence is led. A party to the lis may
choose to file an application which is required to be considered by the trial court but if
any party to the suit has laid foundation of leading of secondary evidence, either in the
plaint or in evidence, the secondary evidence cannot be ousted for consideration only
because an application for permission to lead secondary evidence was not filed.

5. Satyam Kumar Sah & Ors. vs Narcotic Control Bureau (Ncb) on 6 May, 2019, IN THE
HIGH COURT OF DELHI AT NEW DELHI, CRL.REV.P. 271/2016 & Crl.M.A.5484/2016

No application is required to be filed by a party seeking permission under Section


65 Indian Evidence Act to lead secondary evidence. Section 65, Indian Evidence Act,
permits secondary evidence to be led in the contingencies mentioned therein. Section
65 does not contemplate filing of any application or seeking prior permission of the court
for leading secondary evidence.

6. B Poornina V. Thoomu Ramdasu And Others CRP No. 372 of 2006 Andhra
Pradesh HC.
When the original title deeds are lost or destroyed or being deliberately withheld by the party
against whom they are sought to be used, secondary evidence in respect of those title deeds
can be tendered and if the secondary evidence happens to be certified copy of the registered
document, then the contents thereof can be read in evidence by virtue of section 57(5) of
Registration Act.
7. Rattan Singh vs Nirmal Gill on 16 November, 2020 CIVIL APPEAL
NOS. 36813682 OF 2020 SC.

The Apex Court has reiterated that a document is presumed to be genuine if it is a registered
document and the onus to prove otherwise is on the person who has challenged the document.
There is a presumption that a registered document is validly executed. A registered
document, therefore, prima facie would be valid in law. The onus of proof, thus, would be on
a person who leads evidence to rebut the presumption.

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