made by a public officer

Indian Kanoon - http://indiankanoon.org/doc/33813884

Madras High Court Rangaraju vs Kannayal on 10 January, 2012 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.01.2012 CORAM: THE HONOURABLE MR.JUSTICE M.VENUGOPAL SECOND APPEAL No.621 OF 1999 Rangaraju ... Appellant/Plaintiff vs. 1. Kannayal 2. Pachiannan @ Palkaran 3. Jayaramu ... Respondents/Defendants Second Appeal filed under Section 100 C.P.C. against the Judgment and Decree dated 19.11.1998 made in A.S.No.40 of 1998 (on the file of the Sub Court, Bhavani), reversing the Judgment and Decree dated 24.09.1997 made in O.S.No.573 of 1991 (on the file of the Principal District Munsif Court, Bhavani). For Appellant : Mr.T.Murugamanickam For R1 & R2 : Mr.A.Sundaravadhanam, for M/s.V.Bharathidasan

22. It has to be pointed out that a document cannot be said to be a public document within Section 74 of the Indian Evidence Act, unless it is shown to have been prepared by a public servant in discharge of his official duty as per the decision rendered in S.V.Chimanlal's case reported in AIR 1942 Bombay 161.

23. Whenever there is a duty to record official doings, the record thus kept is admissible. As a general principle, it may be laid down that wherever there is a duty to do so, then there is also a duty to record the things done (Wigmore S 1639).

24. A public document is one made by a public officer for the purpose of the public making use of it and being able to refer it as per the decision made in Sturla vs. Ferriccia (1882) 5 App Cas 623 HL at 643 per Lord Blackburn.

25. The rule as to public document is that the publicity must be contemporaneous and publicity means such publicity as would afford an opportunity of correcting anything that is wrong.

26. The test of publicity is that the public are interested in it and entitled to see it so that if there is anything wrong in it, they are entitled to protest.

27. When a public has a right to inspect an official document, it becomes a public document and the certified copy of the same will be given to that person who has applied for it, provided his right of inspection is not taken away by any other provisions of the Indian Evidence Act or by any other law, as opined by this court.

28. As a matter of fact, a certified copy of a public document need not be proved by calling a witness as per the decision of the Honourable Supreme Court reported in AIR 1963 SC 1633 in the case of Madamanchi Ramappa and another vs. Muthalur Bojjappa.