Law: Civil Procedure Code (1908)

Section: 2(5), (6)

  (a) Civil Procedure Code (V of 1908), S. 2(5), (6) read with Evidence Act (1 of 1872), S. 86 Foreign judgment Foreign country-Forcible occupation of part of State by an invading army and perpetuation of occupation against popular will-Does not turn occupied territory into a foreign country so far as Azad Government of Jammu and Kashmir or nationals of Jammu and Kashmir living on Azad Government's side of cease-fire line are concerned-Judgment delivered by Jammu and Kashmir High Court during Dogra regime and before liberation of Azad Jammu and Kashmir territory-Not a foreign judgment-Certificate envisaged under S. 86, Evidence Act, 1872-Not required in such case. Dominion of India v. Hiralal Bothra A I R 1950 Cal. 12 ref. (b) Evidence Act (I of 1872), S. 86--High Court across cease fire line of Azad Jammu and Kashmir-Neither established nor maintained by Azad Jammu and Kashmir Government--Certification of copy of judgment by such High Court's issuing agency-Nullity in eye of law. (c) Evidence Act (I of 1872), S. 74 read with Ss. 63 &65--Jammu and Kashmir High Court (within Indian occupied territory)-Neither a foreign Court nor one maintained by Azad Government of Jammu and Kashmir but one maintained by an occupation regime-Such Court has no legal existence in eyes of Azad Government of Jam au and Kashmir-Copy of judgment issued by such Court-Ceases to remain a public document-Such document can, however, be proved by secondary evidence under S. 65(a) & (c) of Evidence Act, 1872, and would be admissible under S. 63 of that Act on solemn affirma tion being made by producer that such copy was made from original judgment. The judgment of which a copy had been produced in this case was a public document within the meaning of section 74, up to the coming into being of the Azad Government. As the Court which had issued the copy or in whose record the original judg ment existed is neither a foreign Court nor one maintained by the Azad Government, but on the contrary one maintained by an occupation regime, having no legal existence in the eyes of the Azad Government, it has ceased to remain a public document within the meaning of section 74, because…