RAJENDRA NATH MITTAL,J. - (1.) THIS revision petition has been filed by Parsa Singh, plaintiff against the order of the Subordinate Judge 1st Class, Batala, dated December 12, 1973.
(2.) BRIEFLY the facts of the case ere that the property in dispute originally belonged to Bal Singh, deceased, resident of village Sagarpura. Smt. Tej Kaur, the predecessor-in-interest of the plaintiffs, was the owner of land situated in village Basrai. She exchanged the land in dispute with Bal Singh. The said Smt. Tej Kaur executed a will in favour of the plaintiffs on April 18, 1958, regarding the property in dispute. They instituted a suit for possession of the land in dispute as heirs of Smt. Tej Kaur. The defendants contested the suit and denied the allegations of the plaintiffs, inter alia, pleading that no will was executed by Smt. Tej Kaur in favour of the plaintiffs. When the evidence was being led, the plaintiffs made an application seeking permission to lead secondary evidence regarding the will which was alleged to have been executed by Smt. Tej Kaur in their favour on the ground that the original one had been lost. The application was contested by the defendants. The trial Court dismissed the application on the ground that the plaintiffs had failed to make out a case to lead secondary evidence in accordance with the provisions of Section 65 of the Indian Evidence Act (hereinafter referred to as the Act ). Parsa Singh plaintiff, has come up in revision against the order of the Subordinate Judge 1st Class, dated December 12, 1973. The only contention of the learned counsel for the petitioner is that the petitioner is entitled to produce the certified copy of the will obtained from the Office of the Registrar, to prove it in spite of the fact that the loss of the original will is not established. In order to determine this controversy, it will be necessary to refer to some provisions of the Act and the Indian Registration Act.
(3.) PART II of the Act relates to 'on Proof. Chapter V, which starts with Section 61 and ends with Section 90, deals with documentary evidence. Section 61 says that the contents of documents may be proved either by primary or by secondary evidence. Section 62 relates to primary evidence; Section 63, to secondary evidence; Section 64, to proof of documents by primary evidence; Section 65, to cases in which secondary evidence relating to documents may be given; and Section 74, to public documents. Section 64 says that the documents must be proved by primary evidence except in the cases thereinafter mentioned. Section 65 is as follows:-" 65. Secondary evidence may be given of the existence, condition or contents of a document in the following cases:- (a) when the original is shown or appears to be in the possession or powerof the person against whom the document is sought to be proved, or, of any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in Section 66, such person does not produce it; (b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative-in-interest; (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) xx xx xx xx (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; (g) XX XX XX XX In cases (a) (c) and (d), any secondary evidence of the contents of the document is admissible. In case (b), the written admission is admisible. In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible. xx xx xx xx. " Relevant clause of Section 74 is as under:- - 74. The following documents are public documents:- (1) XX XX XX XX (2) public records kept in any State of private documents. " Section 57 of the Indian Registration Act relates to registering officers to allow inspection of certain books and indexes, and to give certified copies of entries. The said section is as follows:- "57. (1) xx xx xx xx (2) xx xx xx xx (3) xx xx xx xx (4) xx xx xx xx (5) All copies given under this section shall be signed and sealed by the registering officer, and shall be admissible for the purpose of proving the contents of the original documents. " A reading of Sections 64 and 65 of the Act goes to show that contents of documents except those falling under Section 65, can be proved by primary evidence.;