UMASHANKAR SINGH Vs. KESHWA SINGH

JUDGEMENT

(1.) Petitioners in the present application under Article 227 of the Constitution of India are aggrieved by order dated 27.9.2012 passed by learned Sub-Judge, 5th, Siwan in Title Suit No. 275/1984, whereby the Court below has refused to mark the certified copies of registered deed of gift as an exhibit. From the impugned order it appears that the Court below has rejected the petition for exhibiting the certified deed of gift on the ground that certified copies of the document could not be exhibited. Learned counsel appearing on behalf of the petitioners has submitted that the impugned order is contrary to the provisions as contained in Section 77 read with Sections 74(2) and 76 of the Evidence Act, 1972. He submits that a certified copies of a registered agreement for sale is admissible in evidence even if parties to the document are not examined to prove it. In support of his submission he has placed reliance upon a Supreme Court judgment (State of Haryana vs. Ram Singh, 2001 6 SCC 254).

(2.) Learned counsel appearing on behalf of the respondents, on the other hand, has submitted that the Court below rightly rejected the petition for exhibiting certified copies of the documents in the absence of original documents and the same not being proved by the parties to such documents. He further submits that the suit was filed in the year 1984 and there is no explanation as to what prevented the petitioners from taking steps for getting the said documents exhibited during all these years.

(3.) In my opinion, in view of the Supreme Court judgment (State of Haryana vs. Ram Singh, 2001 6 SCC 254), the Court below ought not to have refused to exhibit the certified copies of the deed of gift. Paragraphs 5 and 6 of the said judgment lays down the law and read thus:--