In a Civil suit the plaintiff produced a Xerox Copy of the original Sale Deed as evidence. Is it admissible? If so, when?

Facts of the Case

In a civil suit relating to immovable property, the plaintiff relies upon a Sale Deed to establish his title or interest in the property. Instead of producing the original Sale Deed, the plaintiff produces only a Xerox (photocopy) copy of the said document as evidence before the court.

The defendant objects to the admissibility of the Xerox copy, contending that primary evidence has not been produced and that mere photocopy is not reliable proof of the contents of a registered instrument.

Issues in the Case

1. Whether a Xerox copy of a Sale Deed is admissible in evidence in a civil suit?
2. Under what circumstances can secondary evidence be admitted under the Indian Evidence Act, 1872?
3. Whether mere production of a photocopy without foundation is sufficient?

Legal Principles Covered to Support Case Proceedings and Judgements

A. Primary and Secondary Evidence

• Section 61 – Contents of documents may be proved by primary or secondary evidence.
• Section 62 – Primary evidence means the document itself produced for inspection of the Court.
• Section 63(2) – Secondary evidence includes copies made from the original by mechanical processes, including Xerox copies, which ensure accuracy.

Thus, a Xerox copy qualifies as secondary evidence.

B. When Secondary Evidence Is Admissible – Section 65

Secondary evidence such as a Xerox copy is admissible only in the situations specified under Section 65, namely:

1. Section 65(a) – When the original is in possession of the opposite party or a third person and, after notice, is not produced.
2. Section 65(c) – When the original has been lost or destroyed, or cannot be produced for reasons beyond the control of the party.
3. Section 65(e) – When the original is a public document (e.g., certified copy from Sub-Registrar).

Important Rule:
A party must first lay a proper foundation by proving the existence, execution, and loss or non-production of the original before secondary evidence can be admitted.

C. Sale Deed and Registration Law

• A Sale Deed is a compulsorily registrable document under the Registration Act, 1908.
• The best secondary evidence of a registered Sale Deed is a certified copy obtained from the Sub-Registrar.
• Courts generally prefer certified copies over unverified photocopies.

D. Judicial Position

1. J. Yashoda v. K. Shobha Rani (2007)
   • The Supreme Court held that secondary evidence cannot be admitted unless non-production of the original is satisfactorily explained.
2. H. Siddiqui v. A. Ramalingam (2011)
   • Photocopy of a document is admissible only after fulfilling the conditions of Section 65.
3. Kaliya v. State of Madhya Pradesh
   • Mere marking of a photocopy as an exhibit does not dispense with proof.

E. Application to the Present Case

• The Xerox copy of the Sale Deed is secondary evidence under Section 63.
• It is not admissible as a matter of right.
• The plaintiff must establish:
  • existence and execution of the original Sale Deed; and
  • valid grounds under Section 65 for non-production of the original.

Possible Judgement

The Court is likely to hold that:

1. A Xerox copy of the Sale Deed is not primary evidence.
2. It is admissible only as secondary evidence, subject to compliance with Section 65 of the Indian Evidence Act, 1872.
3. If the plaintiff fails to explain the absence of the original, the Xerox copy cannot be relied upon.
4. If loss, destruction, or non-production due to valid reasons is proved, the Xerox copy may be admitted.
5. However, for registered Sale Deeds, the Court may direct the plaintiff to produce a certified copy as better evidence.

Final Conclusion

A Xerox copy of an original Sale Deed is admissible in a civil suit only after laying a proper foundation under Sections 63 and 65 of the Indian Evidence Act, 1872. Mere production of a photocopy without explaining the absence of the original is not sufficient.

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