Court In Its Power Cannot Certify A Photostat Copy Of An Unmarked Document Confirming Its Authenticity And Credibility: Telangana HC
The Telangana High Court observed that the Court in its power cannot certify a photostat copy of an unmarked document confirming its authenticity and credibility.
The Court was hearing a Civil Revision Petition which was filed after being aggrieved by an order whereby the petition filed by the petitioner under Rule 203-A of Civil Rules of Practice r/w Rule 151 of the Code of Civil Procedure to issue a certified copy of the unmarked Agreement of sale was dismissed.
The bench of Justice Laxmi Narayan Alishetty observed, “when the legal sanctity and weight attached to the certified copies of the documents, be it marked or unmarked, issued by the Court is that of the original document, the Court in its power cannot certify a Photostat copy of an unmarked document, thereby confirming its authenticity and credibility.”
Brief Facts-
The petitioner Haneefa Bee filed LGOP against the respondent Mohd. Nizam to declare him a land grabber and evict him from the property, which is still pending. The respondent subsequently filed for a permanent injunction, which was later dismissed. The respondent then applied to retrieve the unmarked original agreement, which the trial court allowed, substituting it with a photocopy. Later, the petitioner requested a certified copy of the unmarked Agreement of Sale. The trial court, after reviewing the materials, found only a photocopy on record and dismissed the petition, stating it lacked the power to certify photocopies.
The Court perused Section 204(A) of the Civil Rules of Practice and said that a conjoint reading of the Section and the Evidence Act makes it clear that certified copies are admissible as evidence in Court and carry the same weight and legal significance as the original documents they represent.
The Court further said that the Courts recognize certified copies as official reproductions that have undergone verification, making them acceptable and reliable evidence in the case. As per the Court, this helps establish the authenticity and validity of the evidence.
The Court further observed, “the certified copies provide a means to verify the authenticity of documents. During the certification process, an authorised individual examines the original document and compares it to the copy. This verification ensures that the certified copy accurately represents the original, confirming its authenticity and credibility.”
Finally, the Court was of the considered view that the impugned order passed by the trial Court does not suffer from any illegality or infirmity warranting interference by this Court.
Accordingly, the Court dismissed the Civil Revision Petition.
Cause Title: Haneefa Bee v. Mohd. Nizam
Appearance:
Appellant: Adv. Ali Farooq
Respondent: Adv. K. Jamali
