NARAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD . This petition in revision has been filed against the order dated 2.9.95.

(2.) LEARNED counsel for the petitioners contended that the original document was filed by respondent in the Court, but it was immediately, taken back after filing a photo -copy, which is in defiance of the specific provisions contained in Order 13 Rule 9 CPC and Rule 335 of the M.P. Civil Court Rules. I have heard the learned counsel for the respondent as well as perused the impugned order. It has come to my notice in a large number of cases that original documents are being returned in defiance of the specific provisions of law. Order 13 Rule 9 CPC makes a specific provision for the return of admitted documents. It is, therefore impressed upon all the Courts in the State to comply with these provisions of law with respect to return of documents. Not only this, there is also specific provision in the M.P. Civil Court Rules contained in Rule 335, which too is not being followed. Again, I may also reiterate the other fact which has come to the notice of this Court that much emphasis is laid on the photo -copies of documents and they are being accepted, though to the best of my knowledge, there is no provision in the Indian Evidence Act, which makes photo copies admissible as such. No doubt, photo copies can be treated as copies, but they can be accepted only after the original has been admitted and proved in accordance with law and the photo copies are certified as provided under the law. This position has been clarified and it has to be followed by all the Courts.

(3.) IN the result, the revision petition is allowed. The impugned order is set aside and the respondents are directed to place in record the original documents and after it is admitted in evidence and proved in accordance with the provisions mentioned above, it may be taken back in accordance with the provisions mentioned above.