NARAYAN SINGH Vs. KALLARAM @ KALLURAM KUSHWAHA

JUDGEMENT

(1.) The singular question involved in this petition is whether the certified copy of documents obtained under Right to Information Act, 2005 (for brevity, the 'Act of 2005') can be admitted as secondary evidence ?

(2.) The defendant No.1 preferred an application under Section 65 of the Evidence Act before the court below. It is contended in the said application that the petitioner/defendant No.1 has obtained certified copies of map of the house and building construction permission from the Nagar Nigam. These documents are obtained under the Act of 2005 and, therefore, the same be accepted as secondary evidence.

(3.) The court below by order dated 4.12.2014 allowed the said application preferred under Section 65 of the Evidence Act (Annexure P/4) dated 22.9.2014. Criticizing this order, Shri Manish Sharma, learned counsel for the petitioner, submits that the documents obtained under the Act of 2005 do not fall within the ambit of Sections 63 and 65 of the Evidence Act. Hence, the same cannot be treated as secondary evidence. In addition, he submits that copies obtained under the Act of 2005 were not compared with the original documents and, therefore, it does not fulfill the requirement of Section 63 of the Evidence Act. Lastly, it is contended that the copies obtained under the Act of 2005 are, at best, "attested" or "true" copies and cannot be treated as certified copies.