ALI LONE Vs. AMIR LONE

JUDGEMENT

(1.) THE trial court has refused to admit in evidence a certified copy of the State Subject certificate on the ground that such certified copy constitutes secondary evidence, and that the secondary evidence could not be admit fed so long as the party concerned was not able to make out a case entitling him to produce such evidence. In this, the court has over -looked the provisions of Section 77 of the Evidence Act, which provides, that certified copies of the public documents can be produced in proof of contents of such documents without any further proof. The State Subject certificate being a public document, the certified copy was admissible in evidence in proof of such certificate. The view to the contrary expressed by the trial court is erroneous. The argument of the learned counsel for the respondent, however, is that the petitioner had produced the certified copy at a late stage of the case without giving any explanation but ultimately agreed to allow it to come on record provided reasonable costs are paid by the petitioner to the other side. Allowing this revision, I direct that the certified copy in question shall be taken in record provided the petitioner pays Rs. 30/ -(rupees thirty) as costs to the respondent. The parties are directed to appear before the trial court on the 8th of August, 1983.