IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.436 of 2009 Bhulan Yadav Versus Kusum Devi & Ors. ---------------------------------- 3 15-11-2011 Heard the learned counsel appearing on behalf of the appellant in support of the appeal. The plaintiff is the appellant in this appeal against the judgment of affirmance by which the suit filed by the plaintiff has been dismissed. In the suit the plaintiff has assailed the gift deed standing in the name of defendant no.4 on various grounds including the ground that the donor had no authority to execute the gift deed with regard to the property covered therein. However, the plaintiff filed the certified copy of the gift deed as obtained by him from the Registration Department, but did not adduce the same as evidence in the suit by exhibiting the same. Both the courts below have non-suited the plaintiff on this score, as the document which is sought to be assailed or its certified copy, has not been exhibited in the suit. The learned counsel appearing on behalf of the plaintiff-appellant has submitted that the certified copy of the gift deed in question, as issued by the Registration Department under the Registration Act is a public document within the meaning of section 74 of the Evidence Act read with section 76 of the said Act and as such there was no need for formal proof of the same. It has been urged that both the courts below have erred in law in not considering the said certified copy of the gift deed as evidence in the suit and have erroneously dismissed the suit. 2 The provision of section 74 of the Evidence Act is itself explicit and requires no interpretation. Even the provision of section 74(2) of the Evidence Act will also not support the contention raised on behalf of the appellant because it relates to the public record of a private document. It is not in dispute that the said gift deed in original has been returned to the parties and only a copy of the same is retained in the Registration Office. Section 74(2) of the Evidence Act applies only in cases where the private documents in their original are retained as public record. The certified copy of the gift deed(or any registered deed) cannot be said to be a public document and cannot be taken in admission as such. The perusal of the provision of the Registration Act makes only the entries made in the Register maintained by the Registration Office not a copy of the same to be public document. Therefore, in the present case the plaintiff was required to get the certified copy of the gift deed in question marked as an exhibit in the suit. There is no illegality in the conclusion reached by both the courts below. As such, there is no substantial question of law arising in this appeal, which is, accordingly, dismissed. roy ( V. Nath, J.)