certified copy of a public document need not be proved by calling a witness

 Rangaraju vs Kannayal on 10 January, 2012

Indian Kanoon - http://indiankanoon.org/doc/33813884/ 5

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 For R3 : No appearance

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.

29. Section 65(e) of the Indian Evidence Act allows secondary evidence such as certified copy to be given where the original is a public document within the meaning of Section 74 of the Indian Evidence Act. It is only for the convenience, the statutory provision has been made for proving a public document by tendering its certified copy, in the considered opinion of this court.