C.R. No.6224 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.6224 of 2007 Date of Decision: 28.2.2008 Nanak Chand and others .....Petitioners Vs. Kaushalya and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Vijay Lath, Advocate for the petitioners. Pt.V.K. Sharma, Advocate for respondents no.1,2 and 4 to 7. ... RAJIVE BHALLA, J (Oral) The petitioners, impugn an order dated 31.8.2007, whereby the learned trial Court has dismissed their application for leading secondary evidence. I have heard learned counsel for the parties and perused the impugned order. The petitioners seek to establish the execution of certain sale deeds by producing secondary evidence. It appears that the learned trial Court, rejected the prayer for additional evidence, without examining the provisions of Section 65 of the Evidence Act. Section 65 (c ), (e) and (f) of the Evidence Act read as follows :- “65. Cases in which secondary evidence relating to documents may be given – Secondary evidence may be given of the existence, condition or contents of a document in the following cases :- C.R. No.6224 of 2007 2 (a) XXX XXX XXX (b) XXX XXX XXX (c ) When the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time; (d) XXX XXX XXX (e) when the original is a public document within the meaning of Section 74; (f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in India to be given in evidence.” A document, registered under the Indian Registration Act, can be proved by leading secondary evidence under Section 65 ( c) and/or (f) of the Evidence Act, subject, to the principles that govern the production of secondary evidence. The observations of the trial Court that certified copies cannot be led as secondary evidence are, therefore, incorrect. In this view of the matter, the revision petition is allowed and the order dated 31.8.2007 is set aside. The matter is remitted to the learned trial Court for adjudication, in accordance with law. The learned trial Court, shall decide the application for secondary evidence, within a period of one month, from the date of receipt of a certified copy of this order. 28.2.2008 ( RAJIVE BHALLA ) GS JUDGE