Comments: public document can be produced as secondary


Section 77 lays down the method of proving public documents by producing certified copies. It provides that the contents of the public documents or parts of the public document are to be proved by producing certified copies of the original, and, th6 original need not to be produced before the Court. An electoral roll is a public document, a certified copy of which is admissible. Thus, a public document may be proved by production of original like document of the original document. Certified copy of public document can be produced as secondary evidence of public document.

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If alienation is made under the Evacuee Interest (Separation) Act, 1951 the original sale certificate is kept in original record of competent officer and certified copy is issued in favour of transferee. The public document or certified copy produced is itself proof of the transaction mentioned therein. Presumption of official act having been done as per Section 114 would arise and no further evidence is required for purpose of formal proof of sale certificate.