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Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): V. N. Khare, S. N. Variava , JJ

(A) Evidence Act (1 of 1872) , S.65(f), S.65(c)— Public document - Proof - Secondary evidence in form of ordinary copy - Admissible, when both original and certified copy is lost. The ordinary copy of the judgment which is a public document is admissible in evidence, when the case of the party that the original was no longer available in Court records and the certified copy was lost has not been disbelieved. Under sub-clause (c) of Section 65, where the original has been lost or destroyed, then secondary evidence of the contents of the document is admissible. Sub-clause (c) is independent of sub-clause (f). Secondary evidence can be led, even of a public document, if the conditions as laid down under sub-clause (c) are fulfilled. Thus if the original of the public document has been lost or destroyed then the @page-SC2630 secondary evidence can be given even of a public document. Clauses (a) and (c) of S. 65 are independent of clause (f) and even an ordinary copy would, therefore, be admissible.(Para 11) (B) Limitation Act (36 of 1963) , Art.64, Art.65— Adverse possession - Suit property, a temple - Plaintiff-community held to be owner of suit property and respondent only a Pujari in earlier suit - Subsequent suit by plaintiff for possession - Respondent....